Wholesaling rules: where to check in your state
Rules for wholesaling real estate differ by state and are changing. Some states treat marketing a contract you do not own as brokerage that needs a licence, and some require you to tell the seller what you are doing. This page does not guess. It links to each state's real estate regulator so you can read the current rules, then ask a local real estate attorney.
Why there is no rule table here
Wholesaling laws are new, differ by state and are still being written or argued in court. A table of rules would be out of date quickly and could be wrong for your case. The safe plan is to go to the source: your state's real estate commission, then a local attorney.
Questions to ask before your first deal
- Does my state treat marketing a property I do not own, or assigning a contract, as real estate brokerage that needs a licence?
- Must I tell the seller in writing that I plan to assign the contract or sell it to someone else?
- Does my state have a rule on how many deals I can do in a year before a licence is needed?
- What must my contract say, and what must I never claim in an advertisement?
- Are there rules for contact with owners in foreclosure, or with owners who recently lost a family member?
- Which title companies in my area handle assignments and double closings?
How to read the state sites
Start at the regulator's licensing law or statutes page and look for words like unlicensed activity, brokerage, equitable interest, assignment or advertising. Many regulators also publish a consumer or licensee FAQ, and some have position statements. If you cannot find it, call or e-mail the commission and ask the questions above.
Calls, texts and e-mail are separate
Federal rules on calls, texts and e-mail apply in every state on top of the state real estate rules. See the skip tracing and calling guide.
Real estate regulators in the states we cover
Outside sites are run by their owners and may move pages. If a link fails, search the agency name. For a state not listed, the ARELLO member list points to each regulator. General information, not legal advice.
Official sources and further reading
- ARELLO: state real estate regulatory agencies
- 47 U.S.C. 227 (Telephone Consumer Protection Act)
- National Do Not Call Registry
- FTC: CAN-SPAM Act compliance guide for business
Outside sites are run by their owners. General information, not legal or financial advice.
Questions
Is wholesaling legal?
In many places it is, when done openly and within that state's licensing and disclosure rules. The rules differ and some states have changed them recently, so check with your state's regulator and a local attorney.
Do I need a real estate licence to wholesale?
It depends on the state and on how you work. Some states look at how often you do deals or whether you market a property you do not control. Ask your regulator.
Do I have to tell the seller I plan to assign the contract?
Some states require written disclosure and others do not. Honest disclosure is a safe habit anyway. Ask a local attorney.
Is this page legal advice?
No. It only links to official sources. It does not summarise any state's law.
How we make these guides
Written by the LeadCounty editorial and data team from official county, court and state sources and our own weekly counts. We name the office behind every number, say what we cannot see, and fix mistakes when you tell us. See our editorial standards and methodology. General information, not legal or financial advice. Refreshed weekly.
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