@Jay Hinrichs
not taking a position here but there are plenty of homes that sell on MLS as is.. just look at any bank OREO non of them ( banks use whoelsalers to sell there boarded up foreclosures.. they use legit auction companies that have real estate licenses in the markets they serve or they list with OREO brokers.. those that have not ready for prime time can list and sell as is.. happens every day.. that's not an argument.. but I get those that are distrustful of any one of authority type thing.. same folks don't have checking accounts etc.
I can't help but get the impression that you are indeed taking a position here. It appears to me that you would like everything to go through the MLS just because it can. Yes distressed properties are sold everyday on the MLS. Doesn't mean that everyone wants to go that route. And if I contract a property before it hits the MLS do I not have a right to do with my equitable interest as I see fit? I found the property, I negotiated the purchase, I have all options and remedies available to me that anyone else would. I understand the intent or ability when signing the contract. Save that discussion solely for those that default on that agreement.
the ethics argrument only comes to play when taught by on line gurus
I understand that most guru's teach some unethical approaches. I wont even try to defend that subject. However some do teach the core concept of finding a great deal, contracting that deal, and assigning that contract for a profit, while being transparent to all parties involved. And in my eyes, thats an ethical strategy.
1. tell the seller your the cash buyer when you are not... and no one can tell me this is not how its done 99% of the time I get 10 or more yellow letters each and every week that say the same thing and I know those are not real buyers. so that's a moral dilemma.. not telling the truth up front in your advertising.
I can tell you this is the way I do it, I tell the seller that I work with a group of cash investors ( I do ) and that we purchase these properties to rehab and resell. I also let them know that while I will be contracting under my name that I will most likely be closing under a different entity depending on which partner (cash investors are partners in these transaction, no?) expresses the most interest in the property.
2. subject to your partners approval when you have no partner.
Please see above
3. leading sellers on to think they have a solid deal when in fact the ONLY way it will close is if you can resell it.. this causes a lot of harm to those in distress IE foreclosure I have bought many a home that a wholesaler could not get their act together and I stepped in and bought it behind them.
I know of alot of agents causing harm to home owners as well. Have you ever heard those stories? I can't solve the problem of bad apples in every batch.
and then you have license laws.. I mean if licenses were not required to bring two parties together for compensation IE assignment fee then for sure I would not be licensed I don't like having to do CE all the time.. and pay dues etc etc..
A couple of things here. You are a licensed to represent the seller. You have a responsibility to represent the sellers best interest. That should indeed require licensing and oversight. However, I have no responsibility to the seller other than what we agree upon in writing. If they agree to the deal being contingent upon whatever contingencies then that is 100% legal and ethical. Once I enter into this agreement with the seller I am not taking compensation for bringing them to a buyer. I am fulfilling my obligation to my agreement with them. If that agreement is fulfilled by an assignee then that is ok, because my contract was assignable. Now if I signed an agreement with them and said, I'll find you a buyer at x amount, if you will give me x amount... then.....
the idea that wholesalers are the only ones that can sell messed up properties because realtors can't that simply not true.. A broker will list it as is where is and price it accordingly. And it will sell.. especially right now.
And the idea that the MLS is the only option available to a seller is ludacris
@Jay Hinrichs