what is real estate wholesaling and do i need an attorney in ny

by Mrs. Aurelie Flatley 6 min read

As a result, a real estate attorney familiar with wholesaling real estate in New York is a great resource for legal advice (and is required anyway!) to ensure the wholesale real estate deal goes as planned and remains within the legal limits set forth by New York law. FREE Downloadable Wholesale Real Estate Contracts (Click Here)

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Is wholesaling real estate legal in NY?

Jun 08, 2021 · Co-wholesaling, which resembles its sister strategy - wholesaling, is a real estate investment technique that is legal if real estate wholesalers comply with New York state law. Real estate wholesalers walk a fine line to avoid the actions required by those who hold a …

Do I need a lawyer to wholesale real estate?

Feb 04, 2019 · As a real estate investor in New York, you may have heard the term “wholesaling” or “wholesale real estate”. This is essentially the practice of turning a profit by obtaining a property and then quickly selling it to another purchaser at a higher price than you acquired it for. This is distinguishable from “flipping” in that in the wholesaling scenario the investor is not making any …

What does it mean to be a wholesaler in real estate?

Jul 01, 2015 · Yes, assigning a contract can be done, BUT the contract must allow assigning. See a lawyer before signing any contract for the purchase of real estate. that contract is the most important piece of paper you will sign. My answer to your question is for general purposes only and does not establish an attorney-client relationship,

Is wholesaling real estate a good way to get started?

For the most part, because in New York State, all real estate contracts of sale need to be drawn up by the principle or their attorney. It is against the law for real estate agents and brokers to draw up any sales contracts (although this is an accepted practice in some other states) or to review them for the purposes of legally advising you in New York.

Is wholesaling real estate legal in NY State?

NY law only allows homeowners or licensed real estate professionals to legally market the sale of a property. (NYS NYCRR §175.25 Advertising). A wholesaler can market what they are selling – the right to buy the property through an assignment of contract!Jun 8, 2021

Do you need a real estate license to wholesale in New York?

Well, the good news is that it's not true. There is no legal requirement for you to have any kind of license to start wholesaling distressed property. You need a buyer looking for an investment property, an assignment contract, a motivated seller, a motivated seller that can close the deal professionally.Feb 27, 2022

Does NY require an attorney for real estate?

Although attorneys aren't a required part of real estate transactions in many states, the local custom in New York is for both buyers and sellers to be represented by their own counsel. You might also want to hire a buyer's agent to help you find a home to purchase and advise you when making an offer.

Is wholesaling real estate legal?

Wholesaling real estate is legal as long as you follow the laws put in place by your state to protect all the parties involved. That is, you should never do anything that can harm you as an investor, the property seller, or the final buyer.Jul 22, 2021

How do you buy wholesale in New York?

4:2812:23What is Real Estate Wholesaling and is it Legal in New York? - YouTubeYouTubeStart of suggested clipEnd of suggested clipOnce you close on that deal the next thing you do is you turn around and you sell this property toMoreOnce you close on that deal the next thing you do is you turn around and you sell this property to the buyer. This is another closing a separate closing where the title passes from you to this buyer.

How do you wholesale a house for beginners?

0:365:09How To Wholesale Real Estate For Beginners - YouTubeYouTubeStart of suggested clipEnd of suggested clipYou can find distressed properties by networking with real estate professionals in your area.MoreYou can find distressed properties by networking with real estate professionals in your area. Creating bandit signs driving for dollars or setting up a direct mail campaign.

How much does a real estate attorney cost in NY?

How much will you pay in real estate attorney fees for closing? Generally speaking, real estate agents will estimate that attorney fees in NYC will range anywhere from $1,500-$4,000 per transaction.Jan 8, 2022

When should I hire a real estate attorney?

A Lawyer for Real Estate will make sure that the seller has clear and transferable ownership right over the property that he or she is selling. There should be no pending litigation on the property and the title should be transferable.

Is NY An attorney state?

Are You In An Attorney State?StateAttorney State?New MexicoNoNew York​Yes - Attorney StateNorth Carolina​Yes - Attorney StateNorth Dakota​Yes - Attorney State47 more rows•Jan 4, 2022

What happens if a wholesaler can't find a buyer?

Most likely, you are brokering real estate without a license as you're marketing a property that you don't own. If you fail to close and the seller is so motivated, they can not only keep your deposit, but could sue you for damages. The state could also come after you with sanctions and fines.Jul 19, 2017

How do I get a proof of funds letter from wholesaling?

0:000:58Proof of Funds! What You MUST Know #SHORTS - YouTubeYouTubeStart of suggested clipEnd of suggested clipIt's about you it's really not that hard to get your hands on a proof of funds letter you can useMoreIt's about you it's really not that hard to get your hands on a proof of funds letter you can use this website called google. But once you've got your letter you cannot forget another key component.

How can I buy wholesale with no money?

2:004:20How To Wholesale Houses With No Money - YouTubeYouTubeStart of suggested clipEnd of suggested clipWhat you do need is you need an assignment contract ok now an assignment contract the one I use it'sMoreWhat you do need is you need an assignment contract ok now an assignment contract the one I use it's a one-page agreement and that assignment contract it simply just says.

Richard J. Brickwedde

The devil as they say is in the details. Yes, assigning a contract can be done, BUT the contract must allow assigning. See a lawyer before signing any contract for the purchase of real estate. that contract is the most important piece of paper you will sign.

Christian K. Lassen II

Yes. It sounds like you went to some real estate flipping course, but most buyers aren't going to like paying you a premium for nothing, so I would suggest another money-making idea.

Richard J. Chertock

It is not illegal, however, the contract would have to give you the right to assign it and whoever you assign it to may have difficulty getting financing as a result. It can be done. Your attorney would need to know all the details in advance and get it worked out so that you can assign it.

What do real estate attorneys do?

To be more specific, typical services performed by a real estate attorney include: 1 reviewing the contract 2 loan and title commitments 3 searching for liens 4 verifying charges are correct and fair 5 attending the closing 6 handling title and closing documents 7 confirming the title company completed its job after closing 8 and addressing any of the buyer’s questions and concerns

What happens if you don't hire a lawyer?

If you are not an attorney yourself and don’t hire one, as a buyer you run the risk of getting a contract devised by your seller’s lawyer, which will probably not have your best interests in mind.

Is there a fee for real estate?

According to real estate experts, there is no standard fee. The fee can range from property to property, and fluctuate depending on a number of factors, namely the complexity of the transaction. The fee can also either be flat rate or time-based.

What is dual agency?

This is called dual agency, whereby the listing agent works for both the buyer and seller and therefore does not have the buyer’s interests at heart. Your own broker, of course, will have your best interests at heart. Another huge plus: you can also request a buyer’s broker commission rebate.

What is wholesaling real estate?

Real estate wholesaling involves finding discounted properties and putting the property under contract for a third-party buyer. Before closing, the wholesaler sells their interest in the property to a real estate investor or a cash buyer. Let’s do a deeper dive into the ins and outs of wholesale real estate.

How does wholesaling work?

Here’s an example of how real estate wholesaling works: First, a wholesaler finds someone who agrees to sell their property at a discount. Let’s say the seller wants $90,000 to sell their property. The seller enters into a purchase agreement with the wholesaler, but the wholesaler doesn’t buy the property outright.

Why is networking important in real estate?

Networking is crucial when wholesaling real estate, especially here in New York. You need to connect to industry experts and your peers. That’s why many new investors usually join local real estate investing clubs in hopes of coming across any potential deals or meeting cash buyers. It’s not a bad idea, really.

Can you inspect a house before buying it?

First, while you may spend hours doing your due diligence online, you will probably not be able to actually inspect the house before you buy it. The auction in Bronx County, for instance, doesn’t even let you know which properties will be for sale until right before the auction starts.

How Real Estate Lawyers Help During the Selling Process

Now, more than ever, an attorney is incredibly valuable to a seller in a real estate transaction. Seasoned real estate lawyers can navigate this complex process confidently. They help mitigate potential risks and ensure the deal closes. (Especially if unforeseen circumstances arise.) Here are a few instances where a lawyer really comes in handy:

How Much Does it Cost to Hire a Real Estate Attorney?

The average cost for negotiating a contract and closing a sale can range between $2,500 and $7,500. According to Pappas, this generally depends on the type of asset being sold. If there are liens to be resolved or title issues to be cleared, that may also affect the price.

How Do I Find a Real Estate Lawyer?

Real estate attorneys are plentiful in NYC, and you can easily find one via word of mouth or internet searches. Looking for someone with a strong record of handling closings will ensure you’re getting a seasoned vet. (Pappas’s firm, for example, holds more than 1,500 closings a year.)

An Attorney Is Especially Helpful During the Pandemic

COVID-19 made everything more complicated, including selling a home. According to Pappas, many purchasers have attempted to leverage the pandemic to avoid their contractual obligations. Some took advantage of the uncertainty to try to renegotiate sale prices for contracts that were already fully executed. And many were able to prevail.

What is double closing?

Double Closing is when you put a house or piece of real estate under contract and personally close on the property.

When is the Real Estate License Act of 2000 due?

The Illinois Real Estate License Act of 2000 ( RELA or the Act) was due to “sunset” at the end of 2019. This is a regular occurrence for licensing laws, and knowing this was on the horizon Illinois Realtors set to work organizing a task force to study, consider and recommend changes for a rewrite of RELA.

What does "for another" mean in real estate?

But what they don't remember in their real estate training or research is the words "For Another" in the state's real estate statute. (Maybe they missed that day of real estate class)#N#Now what this means is if you're not doing it for another, you're doing it for yourself, and that makes it entirely legal for you to wholesale real estate. In addition to the "For Another" verbiage, many states additional say "For A Fee." Now don't confuse your assignment fee with what the state law is talking about here.#N#When they say "For A Fee," they're referring to someone (you) charging a fee for your services, and that's not at all what you're doing. In your transaction, the buyer/investor is paying you a fee to assign your contract to them, not for real estate brokerage or any real estate service you provided.#N#Now there are a few states that don't use the "For Another" verbiage, but in those cases, they typically add exemptions to their state real estate law's which will say "Except Property You Own." Now obviously, in a double closing, you will be closing on the property before you resell it to your investor/buyer so you will clearly have ownership in the property.

What does "for a fee" mean?

When they say "For A Fee," they're referring to someone (you) charging a fee for your services, and that's not at all what you're doing. In your transaction, the buyer/investor is paying you a fee to assign your contract to them, not for real estate brokerage or any real estate service you provided.