@Bill Krayer I like the comparison to option contracts. When I speak with my lawyer I'll use that comparison to get my point / intent across. I wonder if there a special licences that are required if your business main objective is to assign contracts to others? Again - for us wholesalers just starting out we shouldn't let this paralyze us from moving forward - most of all we need a deal first! Just like everyone else here, I want to be 100% clear and upfront with my client and convey to them what exactly I am doing so no one else like they're in the dark, being taken advantage of, or getting the short end of the stick.
I think most of us are in agreement that it's just good practice to have your RE License when conducting wholesaling (I'm currently in the process of getting mine) but the below article discusses current legal actions being take against wholesalers in the state of Ohio who don't have a RE license. Billy, I'm sure there are different examples on bigger pockets that talk about wholesalers encountering lawsuits.
https://www.biggerpockets.com/forums/93/topics/184...
The two main questions I'll be asking my lawyer are:
1) What language can I have in my contract that will help protect myself from a potential lawsuit. In the contract should I have a clause that states that I'm likely going to assign this contract to another, potentially for a higher price?
2) What am I allowed to say on my website, direct mail pieces, and to my customers regarding their situation? Can I address the fact that they are behind on payments for their mortgage or taxes? Can I provide information regarding what happens if the bank forecloses on their home? (such as their credit being hurt, losing the current equity in their home, the long drawn out process) I don't know where the line is drawn.