Every homeowner in Fort Wayne has heard the pitch by now. The postcards. The text messages from numbers you do not recognize. The phone call that comes in once a day, sometimes twice, always with the same line. We buy houses for cash. Sell it as is. No repairs, no hassle, close whenever you want.
People are exhausted by it. I hear about it almost daily from people who know what I do for a living, as if they need to apologize to me for the industry. Another postcard today. Another call during dinner. It has become background noise in this state, and it has quietly worn down how people think about real estate professionals in general, even though some of the people making those calls are not licensed, do not owe you the duties your own representative would, and may not be the person who will ever actually own your house.
Assignment and novation arrangements can be legal, but the structure, authority, disclosures, and consent matter. This is a post about what they actually mean for the seller sitting across the table, and why novation real estate in Fort Wayne has become one of the least understood and most misrepresented transactions happening in this market right now.
What “We Buy Houses for Cash” Can Mean
The phrase suggests someone is about to show up with money in hand and solve your problem on the spot. In a wholesaling arrangement, it means something different. Someone wants to get your house under contract at a price low enough that they can profit when the property changes hands again, and keep the difference. The person who eventually closes on your home, the actual end buyer, may never have set foot in your state. They may be an investor working off a spreadsheet two states away, or in some cases someone overseas, participating entirely through a phone and a wire transfer.
Some cash buyers do purchase directly, and there is nothing wrong with that. But in a wholesaling arrangement, the friendly person sitting across your kitchen table, explaining how easy this is going to be, may not be the person who will ever own your house, and may not owe you the duty your own representative would to make sure you understood what your home was actually worth before you signed.
There is a corner of the real estate world where the person negotiating with a homeowner may be an unlicensed intermediary rather than the homeowner’s representative. That person does not automatically owe the seller the agency duties a seller’s broker owes. Contractual obligations and laws against fraud still apply, but the homeowner may not have an independent professional protecting their interests.
If you’re weighing your options, see how I work with every seller, start to finish.
These arrangements generally fall into two categories: assignment of contract and novation. In an assignment, someone gets a property under contract and transfers their contractual rights to another buyer for a fee. In novation real estate transactions, the original purchase agreement is replaced with a new agreement involving another buyer, with the consent of all parties. The wholesaler’s profit comes from the difference between the original arrangement and the new sale price.
Assigning contractual rights can be lawful, but it is not a blanket exemption from real estate licensing law. Whether someone is transferring their own rights or performing brokerage services requiring a license depends on what they actually do. The Indiana Association of REALTORS® has issued preliminary guidance warning that elements of novation transactions are likely to violate existing statutes and expose participating members to liability under agency law and professional standards, particularly where the property owner’s consent or the authority to list the property is not valid. IAR has said it is consulting with the Office of the Indiana Attorney General to clarify how these transactions conform to state law. That is guidance raising serious concerns, not a final ruling that every novation is illegal.
It is also worth being clear about what does not change. A licensed broker who participates in one of these transactions still answers to Indiana licensing and agency requirements. A REALTOR® still answers to the Code of Ethics, including the duty to treat all parties honestly. Adding an unlicensed intermediary to a transaction does not erase the obligations of the licensed people in it.
A Transaction With No Center of Gravity
A few months ago I represented a young couple buying their first home in Fort Wayne. They loved the area. They could see past some deferred maintenance because the price and location were right.
The listing agent was based out of Indianapolis. He had never been to the property. He had been brought the deal by an investor client who specializes in exactly this kind of transaction, someone with no real estate license and no agency relationship with my buyers.
Picture the chain. There was the actual owner of the house. There was the person who held the contractual right to sell it, who had never lived in it and never intended to. There was a small team behind that person handling logistics. There was a listing agent two hours away who had never set foot on the property. And there was me, representing the buyers, trying to get a thirty year old house through inspection and to a closing table.
Nobody put a sign in the yard. Someone paid a handyman to install a lockbox. That was the extent of the in person attention the property received from the seller’s side.
The Shed Nobody Could Open
During inspection we found a locked shed, roughly twelve by sixteen feet, that nobody had a key to. We asked. The contract holder said he did not have access because he did not actually own the property. The real owner eventually said he would bring a key. He brought the wrong one.
We never got into that shed before closing. Through gaps in the door we could see it was full, and a reasonable contractor estimate put removal at six to eight hundred dollars depending on what was inside.
My buyers did not want to inherit someone else’s storage problem. So I wrote an addendum making clear the seller’s side remained responsible for clearing the shed within ten days of closing, with funds held in escrow from the inspection negotiation to cover it. Everyone signed. Everyone agreed it was reasonable.
Then everyone on the other side disappeared.
Who Do You Even Call
I called the listing agent. He routed me to an assistant on the investor’s side. That assistant eventually told me, sounding worn down, that the company did not have the money to cover a small remaining repair item, under four hundred dollars, and that he and another employee were going to personally cover it themselves rather than let the deal die or face their boss. That is what the employee told me. I have no way to verify the company’s finances beyond that conversation.
Two people who were not the owner of the house, not licensed, and not contractually obligated to my clients in any way, paid out of their own pockets to keep a transaction together.
Meanwhile the escrowed repair funds sat with the title company. There was an overage, the normal cushion built in to make sure repairs are fully covered. When it came time to return that overage, the title company could not get a clear answer from anyone about who was authorized to receive it. Not the real owner. Not the contract holder. Not the team behind him. It took six more weeks to sort out.
My contractor, a one man operation who took the job on my word and our relationship, went six weeks unpaid for completed work because nobody on the other side of the transaction took responsibility for closing out the file.
That deal closed. It closed because I have a relationship with that contractor that survived an unpaid six weeks, and because two employees on the other side dipped into their own pockets rather than let their company’s failure become my buyers’ problem. None of that should have been necessary. A licensed listing agent was involved, but that did not translate into clear responsibility or effective follow through on the seller’s side.
Another Deal, Another Disappearing Act
This is not an isolated case. I have a similar story from a property a couple hours from here. I was brought in on what looked like a straightforward novation real estate transaction. The deeper I got into it the more the actual structure revealed itself. Someone out of state was marketing the deal. The real authority sat with a company several layers removed from her. The original seller had likely been found through cold calling or direct mail, the kind of high volume outreach these operations run constantly.
By the time I found a legitimate cash buyer, someone who actually read the documents and caught real issues with title language and municipal liens, I had done essentially everything a licensed broker does. Photos. Showings. Negotiation. Coordination with the title company, the county, the recorder, code enforcement.
Then I was told there was no money to compensate me for any of it. Not because anyone discovered the economics late. The spread had been known from the start. I simply was never told there was nothing in it for me until after the work was done.
The buyer in that deal, the actual end purchaser with no stake in protecting the people who structured the transaction, ended up being the most ethical person in the entire chain. He paid me himself once he understood what had happened. The irony of that has never left me.
What Every Seller and Buyer Should Understand
When you hire a licensed real estate broker to represent you, that broker owes you duties under Indiana agency law and is subject to licensing and continuing education requirements. REALTORS® also answer to a professional Code of Ethics. If something goes wrong, there is a license on the line and a regulatory body you can call. That is what you get when you work with a licensed Realtor in Fort Wayne.
In a novation or assignment deal there can be a real owner, a contract holder who has never seen the property, a team of unlicensed people behind that contract holder, and sometimes further layers stacked on top of that. The unlicensed intermediaries in that chain may not owe you the agency duties your own representative would, and the layers can make it difficult to establish who is authorized to act and who must fulfill particular obligations. When something goes wrong, a locked shed, an unpaid repair, a seller who was never told what their home was actually worth before they signed away their equity, it can be genuinely hard to find out whose job it was to answer for it.
If someone other than a licensed Realtor is the one structuring your purchase or sale, ask them directly who legally owns the property right now and who is responsible if something goes wrong before closing. If an intermediary is arranging an MLS listing, ask what written authority they have from the actual owner. If you do not get a straight, confident answer, that is your answer.
Before you sign anything with anyone who approaches you about buying your house, read this first: What Does a Real Estate Agent Actually Do to Sell Your House?
I have been doing this in Fort Wayne for twelve years, with my name on every transaction and a license that holds me accountable for it. If you are thinking about selling, especially if someone has approached you directly with an offer that sounds too convenient to be true, call me before you sign anything.
That conversation is free. Finding out who actually owned your house after the fact is not.
David Barlag
Fort Wayne Realtor, Century 21 Bradley Realty
260-305-8804
davidbarlag.com