Trading exclusivity for a 48 hour first look, and how a non-circumvention clause protects a reverse wholesale relationship
Take a reverse wholesale relationship with a rental operator running around 40 doors who adds two a month when pricing is right. The operator wants exclusivity. The wholesaler wants repeat volume without becoming an unpaid acquisitions department. A workable middle ground looks like this: First look on anything matching the buyer's written box, 48 hours from send, after which the deal can go anywhere. A fee schedule tiered by the discount to the buyer's stated all-in ceiling, so a deeper discount earns a higher fee, capped. Non-circumvention on any seller introduced, running twelve months. A buy box that is dated and expires every 90 days unless re-signed. Over five months under a structure like this, three deals close with fees of 6,500, 9,000 and 4,000, all closing in under 30 days because the buyer is already committed on the phone before anything reaches title. The 4,000 deal is the hard case. A sewer line comes back worse than the walk suggested, the buyer wants to renegotiate the fee rather than kill the deal, and taking the haircut is often the right call, because a live repeat buyer is worth more than being right on one fee. What nearly breaks an arrangement like this is staff turnover. If the buyer's acquisitions person leaves and the replacement has never heard of the wholesaler, they may go back to a previously introduced seller and try to buy direct on a deal that had not closed. A dated non-circumvention clause is exactly what settles that: sent to the buyer's attorney, the deal comes back through the original channel at the agreed fee. Worth keeping: the 90 day expiry on the buy box, since a buyer's ceiling can move more than once in a few months, and the re-sign is what surfaces that instead of wasted weeks chasing stale numbers. Worth reconsidering: a fee cap set too low to make the first signature comfortable, since a single strong deal can exceed it on a straight percentage basis.