Wholesale Real Estate Attorney Near Me – Tips For Hiring The Best

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The wholesaling real estate business would seem simple enough on the surface. Finding a property and seller, entering a purchase contract with them, and then selling and transferring the contract to the buyer are all steps. However, laws and regulations vary from state to state, making it more complicated than that. It is at this point that a wholesale real estate lawyer can be of help. An experienced lawyer can prevent you from making costly mistakes – or even getting prosecuted. As you wholesale real estate, you may need a Wholesale Real Estate Attorney near Me.

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Wholesale Real Estate Attorney Near Me – Tips For Hiring The Best


What Is Real Estate Wholesaling?

When a “wholesaler” purchases a contract from a property seller and assigns it to an end buyer, we know that contract as real estate wholesaling. Wholesalers do not purchase properties but sell them on behalf of owners with temporary contracts.

A wholesale fee is attached to every transaction from which wholesalers earn revenue – often a percentage of the overall property price.

A distressed or off-market home is usually the type of property in question. Due to a lack of need, the owner is unwilling or unable to prepare the property for a typical sale. It is instead a wholesaler who finds the end purchasers on their behalf.

Investors and real estate rehabbers looking for discounted properties tend to be end buyers since they want to avoid spending time locating discounted properties or negotiating with sellers. The wholesaler generates income by helping investors find and close deals by acting as the middleman.


How Does Wholesaling Work In Real Estate?

Investors can generate steady income by wholesaling real estate from properties sold for below market value, initiating an agreement with the seller, and then assigning the purchase contract to another buyer.

It is necessary for this transaction for the seller and wholesaler to enter into a wholesale real estate contract. Wholesalers promise to sell properties for specified minimum prices within a specific timeframe. In a typical contract, a wholesaler promises to sell a property within three months for $200,000, for example.

Wholesalers seek buyers after finalizing contracts. Wholesalers sell properties at a higher price than their contracts stipulate. If a contract specifies that a property will sell for $200,000, the wholesaler should attempt to sell that property for $225,000 instead. As soon as the deal is closed, the wholesaler profits $25,000 from the spread, or the difference between the contract and selling prices.

We can close a deal in two ways: by assigning a contract, as described above, or by double closing. Now let’s look at how wholesale deals can be closed.


Assigning the Contract

Real estate wholesale can be as easy as assigning a contract. When a wholesaler assigns a contract, they sell the contract, not the actual property. They control the property even though they don’t own it.

The wholesaler will assign the contract for the subject property to an end buyer who will assume the buyer’s role. You must sign a contract during a wholesale deal to purchase the subject property.

Purchasing and selling agreements are known as purchase and sale agreements. Check if the contract prevents you from “assigning” or “selling” the contract. Unless stated otherwise in the contract, we can sell every contract to another party by default.

Neither your name will appear on the title nor will you be the property seller if you assign the contract. Essentially, you assign your rights to purchase the home to the end buyer and sell those rights for a profit.

You should ensure that the buyer sends the deposit to the Title Company or attorney handling the closing when they purchase the property. Upon completion of the transaction, you are paid a “finders fee” for serving as a “middleman.” Of course, this depends on whether the purchase and sale agreement complies.


The Double Close

Wholesalers can conduct a double escrow when the seller refuses to assign the contract clause or when local regulations prohibit it. An equally profitable way to market real estate is through a double closing, or “simultaneous close.”

In a double closing, an investor acquires a property and resells it later. Depending on the particular scenario, the reselling of the subject property can occur immediately after purchase or even 60 days later.

When your company closes a double close, it enters into a chain of title and becomes its owner for a brief period. A-B transaction, thus, officially transfers ownership from seller to buyer.

You must find a buyer willing to pay more than you paid for the property (B-C transaction). Wholesalers must verify that their lender allows this transaction before executing a double closing.


Example of Wholesaling Real Estate

Let’s look at an in-depth example to understand the concept of real estate wholesaling. Consider a homeowner who wants to sell. In any case, the property is in a fairly distressed condition, so it will be challenging to sell it for its true market value, if it is even possible to sell it at all.

A homeowner may lease the property to a subsequent investor instead of rehabbing it themselves. You can agree with a wholesaler to enter into a wholesale contract regardless of whether the homeowner can afford or wants to make the upgrades.

A wholesaler will receive a contract giving them purchasing rights at a specified price (often below market value due to the rehab work required). After finding an end buyer, the wholesaler sells the buyer’s rights for slightly more than their original contract.


The Contents of a Wholesaling Contract

Contracts of wholesaling and sales give investors the right to purchase property from their sellers. Direct purchase of the property is different. There is no property ownership transfer from the wholesaler to the retailer.

Wholesale real estate purchase agreements serve to connect investors with higher-paying buyers. Sometimes, investors use this agreement to find buyers before offering a property.

Understanding a purchase and sale contract is the key to understanding a wholesaling contract. Several terms and conditions need to define in the real estate contract.

The seller permits the buyer to sell their property for a higher price to another buyer under a wholesaling contract.

On the internet, you can find many wholesale contract templates that show what should appear in the contract. A minimum requirement for your document would be:

  • Buyer (investor) and seller’s legal names.
  • Purchase price.
  • Earnest money or good faith deposits.
  • Property description.
  • Both parties must sign.


The Best Way to Write a Wholesale Real Estate Contract

Look online for purchase agreement contract templates if you need help writing a wholesale real estate contract. To suit your needs, you can modify these templates.

You can also consult Wholesale Real Estate Attorney near Me about drafting a contract for selling properties.

Using this agreement, you can approach buyers interested in purchasing a property in the future, editing it to suit the situation. It is necessary to research your state’s wholesaling real estate laws before writing a wholesaling contract on your own.

To draft your contract, you need to know exactly what you are and are not allowed to do in your wholesale process.

  • The name as you see in your documents.
  • The legal name of the seller.
  • Address and description of the property.
  • A price agreed upon for the purchase of the rights to the property.
  • Deposits in good faith as well as earnest cash deposits.
  • Terms of financing, deposits, and the locations of holding.
  • Financing, inspection, or another contingency agreement.

Furthermore, the contract should specify the type of deed and whether the title is marketable. If the seller cannot transfer the title or the buyer cannot obtain insurance, a marketable title will allow the buyer to get back their deposit and waive their purchase rights.

It is also important to have a default clause in the contract that outlines how the parties will proceed if the buyer or seller defaults on the agreed-upon terms.


Where Do We Get a Wholesaling Contract?

Real estate attorneys in your state are the best source for wholesale contracts. Lawyers are the best resource for accurate, up-to-date information about wholesale and investment real estate laws throughout the United States.

Also, you may find online wholesaling contract templates that you can customize and send to an attorney. With the aid of a real estate attorney, you can simplify the wholesale process tenfold, ensuring your contract will be legally binding.


Is a real estate wholesaler required to have a license?

Almost every new investor asks the same question: Do I need a license for the wholesale property? In a nutshell, no. Investing in real estate wholesale does not need investors to be licensed agents.

There should be as much disclosure as possible between licensed professionals and buyers or sellers. Most states require licensed real estate agents to disclose their status as licensed real estate professionals when entering contracts with buyers or sellers.

The agent must disclose to potential buyers that they do not own the property but has the right to buy it. It is a requirement for licensed agents to disclose that they do not own the property they are purchasing to resell.


Is Wholesale Real Estate Attorney near Me Necessary When Wholesaling?

It might be possible for you as a real estate wholesaler to avoid having a real estate lawyer, depending on your state. When it comes to drafting contracts and navigating local regulations, you can go it alone if you are confident that you can do both.


Real Estate Lawyers Necessary When Wholesaling.


In reality, however, only a few are legal real estate experts. Additionally, reading and understanding the laws and regulations relevant to your wholesale business is important.

An experienced Wholesale Real Estate Attorney near Me has entirely different knowledge and contacts. A judge will consider previous cases and laws when deciding on a legal dispute.

Avoiding liability in wholesale real estate can be done with the help of a good lawyer. You can withdraw from a purchase contract without penalty if you add escape clauses. However, courts tend to strike these clauses, citing fairness and noncompliance issues, i.e., entering into a purchase agreement in bad faith.

The quality of the draftsmanship (wording) can determine whether you escape financial and legal penalties. Is it possible for you to draft a legally binding watertight contract?

Then, if you plan to do real estate wholesaling seriously, you will want an attorney to assist you in setting up an S corporation – and if you plan to buy and hold, you will also need an LLC (but that’s another topic.)


A Lawyer’s Guide to Legal Wholesale Houses: Compliance and Best Practices

Because wholesale real estate legality varies from state to state and isn’t always clear-cut, it is important to retain the services of a Wholesale Real Estate Attorney near Me to make sure you stay within the law. It is important to ensure that you follow best practices to avoid litigation.

Therefore, you save a lot of money if you take legal advice, even if it seems pricey initially since you avoid much higher penalties and fees. For instance, you must have a sales license to market a property you do not own for sale in Ohio.

You risk serious financial penalties when you market a house for sale without a broker’s license, even if you don’t own it or aren’t on the title. It appears that Ohio authorities are taking this issue seriously.

To succeed at wholesaling real estate, you must follow these best practices. It is possible to make sure that you do this with the help of a real estate lawyer.

Wholesalers must act as principal parties in all negotiations when drafting contracts and selling them.


The local market’s requirements and regulations should follow

Your local market’s requirements and regulations should follow when writing purchase and sales agreements.


Include Required Language

When you draft an agreement, include clear, precise, compliant language.


Put Down a Deposit

By placing a deposit, upcoming transactions become valid. Buying them demonstrates your seriousness.


Agree to terms with the seller.

After you close on a purchase agreement, you don’t receive the title to the property. When you purchase a property wholesale, you agree to terms with the seller. You must carefully market and sell what you are marketing to the end consumer.

There is no way to market and sell the property – only the purchase agreement. As the contract holder, you must convey that you are not the property owner.


What is the essence of the transaction?

Parties should be confident as to what the essence of the transaction is. This is not only legal but also ethical and prudent. A dishonest wholesaler might make a few deals, but unethical wholesaling involves stress and liability.

No wholesale real estate lawyer worth their salt would disagree with these points. During your real estate wholesaling career, they can help guide you and ensure that you stay on track; you’ll have a lot of fun choosing one!


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