Wholesalers in real estate and what to watch out for

If you are thinking about selling your house, you will likely hear from someone calling themselves a “cash buyer.” Many of these people are actually wholesalers.

There is nothing inherently wrong with wholesaling when it is done transparently. The problem is that many wholesalers present themselves as something they are not, and that can create confusion and risk for homeowners.

This article will help you understand how wholesaling works and what to watch out for before signing anything.

What a wholesaler actually does

A wholesaler is someone who gets a property under contract, then sells that contract to another buyer for a profit.

They are not the end buyer. They are not planning to close on your house. Their goal is to control the deal and assign it to the highest bidder.

If you want a deeper look at how wholesaling works and the challenges involved, you can read this article: How hard is wholesaling houses?

How wholesalers present themselves

Many wholesalers present themselves as actual buyers. They may say things like:

  • “I buy houses”
  • “I have partners”
  • “We can close quickly”

In reality, those “partners” are often just potential buyers they hope to find after you sign a contract.

They also need a reason to show your house to others. This is usually framed as bringing in partners or inspectors, but it is often just a way to market the deal to investors.

The contract is where it matters most

Getting you to sign a contract is the most important step for a wholesaler.

These contracts are typically assignable, which allows them to sell the agreement to someone else. They also often include multiple clauses that allow the wholesaler to back out with little risk.

At the same time, the earnest money deposit is usually very low. This means the wholesaler has very little to lose if the deal does not work out.

What can go wrong

One of the biggest issues with wholesalers is what happens after the contract is signed.

Many homeowners believe their house is sold and start planning for closing. In reality, the wholesaler is still trying to find a buyer for the contract.

If they cannot find one, several things can happen:

  • The closing date gets extended
  • The wholesaler comes back and tries to renegotiate the price
  • The deal falls apart completely

This can cost you time, money and opportunities with real buyers.

The difference with a true cash buyer

A real cash buyer does not need to shop your deal around.

They already have the funds and the intent to purchase your property. In most cases, they can close as soon as the title work is complete.

There is no need for extended timelines, repeated walkthroughs or finding additional buyers.

How your property can get tied up

Another major risk is how wholesalers can encumber your property.

Some will file documents such as a lis pendens or a memorandum of sales contract.

These filings can cloud your title and make it difficult or impossible to sell your property to someone else.

In some cases, even after the wholesaler walks away, these issues remain and must be cleared before a new sale can happen.

The legal and ethical concerns

The legality of wholesaling is often debated.

In many ways, wholesalers are trying to find a buyer for your property, which is the role of a real estate agent. The difference is that agents are licensed and regulated.

Wholesalers are typically not licensed, which raises questions about how they operate.

There is nothing wrong with securing an option to buy or sell a property. That is a legitimate strategy.

The issue is when someone presents themselves as a direct buyer and leads a homeowner to believe the house is already sold, when it is not.

Final thoughts

Wholesalers are active in almost every market, and you will likely encounter them if you are selling your home.

The key is understanding who you are dealing with.

Before signing anything, ask direct questions:

  • Are you the actual buyer?
  • Will you be closing with your own funds?
  • Is this contract assignable?

If the answers are unclear, take a step back.

There is nothing wrong with exploring your options. Just make sure you are working with someone who is honest about what they are doing.