Flipping houses is also regularly called wholesaling houses. Simply put, it means acquiring a property at a lower price and selling it for a higher price for profit.
Just like any other commodity, flipping houses is just buying low, then selling high. Due to the fact that real estate transactions can be complicated, the business of real estate investing is misunderstood. And of course, some real estate investors have not followed the law, hence ended up in trouble.
So is flipping houses legal?
First, do not take this article as legal advice; you should always consult your attorney. People who get into legal trouble in real estate investing usually break the law one way or the other.
First you need to understand what flipping houses means. Even though the definition above means buying low, then selling high, the details of the transaction can vary, leading to misunderstanding. We will examine each method and explore whether it is legal or not.
1) Contract assignment
Contract assignment means you identify a house below market value, put it under contract, then assign that contract for a fee to a wholesale real estate investor or buyer.
In this case you do not actually sell the house, but you simply sell your right to buy the house to the wholesale buyer.
You collect an assignment fee at closing.
This is the simplest form of flipping houses. Note that you do not own the property at any time during the transaction, and you do not represent anyone in the transaction. You simply put the house under contract, and then sell your right to buy the property.
2) Simultaneous closing
In this transaction you put a house under contract, identify a wholesale buyer, buy it, and then sell the house to your buyer.
Both transactions take place on the same closing table, one where you buy and one where you sell. So you actually own the house for a few minutes before you sell it.
There are two sets of closing costs and you walk home with the difference between your buying price and the selling price.
3) Buying, fixing then selling
Even though this is not the typical description of flipping houses, some people buy a house, fix it then sell it on the open market for a profit.
There is nothing wrong with this, just buying low, improving the value then selling high.
What can go wrong in flipping houses?
1) You represent someone without a license
Flipping houses does not involve representing a third party in the transaction. You either sell your right to buy the property, or you buy the property, and then sell it for a profit.
A real estate agent represents a buyer or seller in the transaction and walks away with a commission. For this, you need a license.
2) Mortgage fraud
Of course it is illegal to commit mortgage fraud. No matter what type of transaction is involved this will certainly get you into trouble.
3) Not telling it like it is
When buying houses from motivated sellers, it is crucial to be very clear and specifically let them know exactly how you are handling the sale. All they need to know is how much they are getting as per your agreement and when the deal will be closed.
I like to go a step further and let them know exactly how I’m handling the transaction, so if there is any delay, they understand the reason why.
As long as you are clear and never misrepresent anything, then you do not have anything to worry about.
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