Originally posted by @Kendall Morgan:
I want to start by saying I’ve done many wholesale deals and am very aware that listed properties are not ideal for wholesaling.
However, this situation is a bit different and since I’ve never dealt with a listed property I am seeking advice.
The property is owned by a woman who inherited the property when her grandfather passed. Before his passing he took out a reverse mortgage, causing her to take on the remaining debt of the loan when she took ownership. She had very little time to pay it off and In order to get an extension, the reverse mortgage company required her to hire a realtor. I was connected to her through a friend of mine who knows I’m always looking for distressed properties/motivated sellers. Before I knew about the realtor, i’d Already been negotiating with the seller and got her to agree on a price that is less than half of what the realtor has listed the property at. Before signing the contract the seller informed me that she did have a realtor but has not heard from her in 3 months since the signed the contract. And that the realtor has done nothing to her knowledge to market the property or show it (seller still lives in the house). By the time the contract with the realtor expires, she will have already lost the house so waiting for it to expire isn’t an option. The agreement they have is an “Exclusive Right of Sale” agreement.
So, my question is.. with the seller having a realtor, what (if any) options do I have here? I have a handful of cash buyers that I am confident would jump on this immediately following me getting it under contract, sight unseen.
I tend to try to stay out of wholesaling threads because I hate reading about sellers being ripped off and people practicing real estate without a license. Too many so called wholesalers paint a scary picture of listing contracts, home inspections, repairs, commissions, long closings, etc, etc, in a effort to make a "cash offer" their only only option. Cash buyers happen to shop on the MLS too. I just couldn't resist that title though. This whole thing smells pretty fishy. Have you attempted contacting the agent or the broker? Why doesn't your end buyer just go purchase the property themselves? Why don't you share the rock bottom price the seller is willing to accept with your buyers, and have them pay you a "finder fee". Probably illegal, since you would need a license and all, but so are most of the other options you have other than buying it yourself. You are not presenting this buyer with an opportunity that would not otherwise exist, it's plastered all over the internet, albeit overpriced. Nor are you bringing a buyer to the seller that couldn't be done by simply clicking a few buttons and lowering the price on the MLS. If they were a true "investor", this property has been sitting stale on the MLS for 3 months then they likely have seen the listing on Zillow 100 times already. I'd be willing to bet part of the reason the seller is willing to take such a low price is the fact that the home is listed with an agent, therefor she assumes buyers don't want to buy it, and needs to take any offer presented to her that will get he out of it. The statement "I have a handful of buyers that would buy it site unseen" is what gives wholesaling it bad name. If you personally have more than one buyer that would fight over buying it, without even seeing the thing, then the open market probably has hundreds who would do the same. Why not let the fair market dictate the price, and get this poor seller the max amount of money she can for the property? Someone needs to advise this seller to drop the price to what she is willing to accept and watch the cash offers roll in. I am a huge fan of legit wholesalers, who are able to bring buyers and sellers together for the benefit of everyone. This doesn't sound like one of those situations, and there is a reason what you are trying to do is illegal. Licensed agents have a fiduciary duty to home buyers and sellers. Where does your fiduciary duty lie? For example, if a great agent is able to negotiate a lower sales price for their buyer, the agents commission actually goes DOWN, but they did their job, and acted in the buyers best interest. Wholesalers on the other hand, are incentivized to get both parties as far apart as they can. It becomes a game of how bad can I rip this person off, and not "how can I help this seller out"? How low can I get the seller to go, how high can I get the buyer to go, great, that's my cut. I'm going to end my rant here, but I think the question you need to ask yourself is this:
How are you and your handful of "buyers" able to help this seller any more than reducing the price and making ALL of the cash buyers in the area aware of the sellers bottom line???
If you are any wholesaler for that matter can answer this question truthfully, I'm all ears.