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Beware of Wholesalers! 

Many wholesalers are not experienced investors and do not plan to purchase your property. Below are some common questions about wholesalers. If you have any additional questions, feel free to reach out to us at any time. We are here to help.

Q: Who is buying my house?
A: This may seem like a strange question, but it’s important to know who is behind the purchase of your home. In the real estate investing world, there are investors known as wholesalers who may not actually be the end buyers. Often, they lack the necessary funds for the transaction and are considered under financed. Wholesalers often tie up properties under contract with the intention of selling the contract to other investors for a profit, a practice called assignment of contract. While they may refer to these potential buyers as partners, they are essentially independent investors looking for houses to buy. If wholesalers are unable to find a buyer, they may opt to back out of the deal or renegotiate a lower price with the seller, which may not be beneficial for the seller.

Q: What is Proof of Funds?
A: It is essential when dealing with Wholesalers who aim to sell contracts to investors that you ensure the buyer has the necessary funds to close the deal. Request a written proof of funds from a credible source to verify their financial capacity. Wholesalers can’t provide proof because they don’t know who is buying the contract or if anyone will buy the contract. If they do provide proof of funds often it is a generic form they find online and fill out themselves.

Q:  What is Earnest Money and why is it important?
A:  Earnest Money is a crucial aspect of a real estate contract as it signifies the buyer’s commitment to purchasing a property. It is a cash deposit held by the Title company to demonstrate the buyer’s seriousness in the transaction. While some wholesalers may try to submit minimal amounts like $100, serious buyers understand the significance of offering a substantial Earnest Money deposit. In a valid contract, the Earnest Money payment should be clearly defined, specifying when it is due (not just before closing), and committed buyers often make this deposit non-refundable to strengthen their offer. This ensures that the buyer is fully dedicated to the purchase, unlike wholesalers who may easily walk away from a deal with minimal financial consequences, especially if the funds were not placed in escrow.

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Q: What are Contingencies in a Real Estate Contract?
A: Contingencies in real estate contracts serve to protect buyers by providing opportunities to back out of agreements and recover their Earnest Money. In a traditional real estate contract, contingencies typically include inspections, appraisals, and loans. Similarly, wholesalers utilize an inspection contingency as part of their strategy. While they may claim to need an inspection, wholesalers often use this as an opportunity to showcase the property to potential investors. If they are unable to find a buyer, the wholesaler may opt to withdraw from the contract or renegotiate the terms with the seller.

Q: Is your company local?
A: While many Wholesalers operate virtually, from out of state, or even out of the country, they may request pictures/video from you or arrange for someone local to take photos of your property. Initially, they may present attractive offers over the phone. However, eventually, an inspection will be conducted, and it is common for them to request a price reduction or back out of the contract at that point.

Q: Why is it essential to inspect the property before making an offer?
A: Many wholesalers skip inspecting the property before making an offer. They often rely on photos or videos to make offers over the phone, and leave an inspection contingency in the contract to have an exit strategy. It’s crucial to remember that wholesalers are not looking to buy your home themselves; their goal is to secure a contract and potentially sell it to another investor.

Q: What is a Memorandum of Contract?

A: A Memorandum of Contact, sometimes called a Memorandum of Agreement, or a Memorandum of Sales Contract, is a crucial document that Wholesalers file with the county to create a cloud on the title of your property, similar to a lien. This can have significant implications as it can hinder any potential sale of your property in the future unless you engage with the Wholesaler to eliminate the cloud on your title. The removal of this cloud typically comes with a hefty fee, often amounting to $10,000 or higher.

Q: What paperwork is involved?

A: Many wholesalers boast about the simplicity of their contracts, which are typically only a few pages long. These contracts are often sourced online, obtained from real estate gurus, or prepared by the wholesaler’s attorney. However, such contracts primarily safeguard the wholesaler’s interests and may not offer adequate protection for the seller.

Q: What is a Novation Clause?

A: Novation, similar to wholesaling or assigning, allows a wholesaler to replace the buyer in a contract. It also permits the inclusion of a Novation Clause, enabling the wholesaler to list the property with their real estate agent on the MLS.

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