Is Wholesaling Real Estate Legal? You Bet It Is!

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Written By Justin McGill

DealBloom aims to share the latest tips and strategies to help realtors, brokers, loan officers, and investors navigate the world of real estate.

If you’re thinking about getting into the real estate business, you might be wondering, is wholesaling real estate legal? The answer is a resounding yes! Wholesaling can be an excellent way to earn money in the real estate industry.

I got my start in real estate by wholesaling properties. I would find motivated sellers who were looking to sell their property quickly, and then I would find buyers who were looking for a great deal on a property. I would put the two parties together and negotiate a price that was fair for both of them. Once the sale was complete, I would take my cut off the profits and move on to the next deal.

Is wholesaling real estate legal and practical? Wholesaling is a great way to get started in real estate if you do not have money. All you need is motivation and determination. If you’re willing to work hard, there’s no reason why you can’t succeed at wholesaling properties!

Is Wholesaling Real Estate Legal?

So, what is wholesale real estate investing? Wholesale real estate investors, simply put, are middlemen who facilitate transactions between buyers and sellers.

An investor who wholesales properties will first find an undervalued property, then enter into a contract with the current owner to purchase it. The wholesaler will then either buy or assign the contract to another buyer for a higher price.

After the sale is complete, the investor’s goal is to make a profit. Any type of property can be sold wholesale in real estate, including apartments, condos, raw land, mobile homes, and commercial properties.

Many property sellers agree to sell for less than market value in order to get quick money, which may be due to health issues or financial hardships. This type of sale is known as a wholesale real estate transaction.

Many real estate investors are looking for properties that they can buy at a lower price and then sell at a higher price. This allows them to get a good return on their investment. Wholesaling is a great way to do this.

The wholesaler may occasionally renovate the property before selling it.

One of the best things about real estate wholesaling is that you can get started quickly without needing years of experience in the field. You can begin earning money right away, which makes it a great option for those just starting out.

However, having prior experience is still important if you want to be successful in any business.

Is wholesale real estate investing really a legal practice? The simple answer is yes, but there are still a lot of questions about how it works.

Wholesaling real estate is legal when you follow the law. So, if you’re just getting started in real estate wholesaling, you should be aware of the legal ramifications.

Every state has its own set of rules and regulations governing this type of activity. Make sure you understand the laws in your area to avoid any potential trouble.

The wholesale side of real estate investing can be extremely profitable if done right. 

Wholesaling real estate is when you contract with a seller to buy their property at a discounted price, then turn around and sell the property to an end buyer. Wholesaling can be a great way to get started in the real estate business without having to put up a lot of money for a down payment or repairs.

When it comes to wholesaling real estate, every investor must ensure both transparency and ethics. If you’re considering becoming a wholesaler, then you need to know the best ways to go about it. Not only do you need to be aware of the rules and regulations that safeguard both investors and customers, but you also need to be efficient in order to save time and money.

You need to be mindful of the rules that protect your investors as well as your customers.

Yes, wholesaling real estate is legal in practice. This article explains the legal ramifications of how to wholesale houses or real estate.

Is Real Estate Wholesaling Legal?

Wholesaling can be a great way to make money in the real estate industry, but it’s important to do your research and make sure you’re following all of the necessary legal steps.

However, as is the case with any other real estate exit strategy, it is important for investors to familiarize themselves with the laws in their particular state. 

When it comes down to it, there’s nothing illegal about selling a contract. You’re not acting as an unlicensed agent, which could be seen as divisive.

You’re not buying the home itself when you wholesale, but instead, you’re entering into a contract with the seller to buy an equitable interest in the property. This is made clear in the contract, so there’s no confusion about your intentions.

Additionally, wholesalers will need to provide proof of “funds letter,” which proves intent to buy.

Wholesaling can be an illegal activity if the investor brings the buyer to the deal first, continues without a transparent contract, or fails to prove intent. These are all things that could potentially make wholesaling illegal and something that investors should be aware of before entering into any type of agreement.

As a wholesale investor, you are the primary purchaser of the deal. You are essentially selling the contracts you sign to another party.

Due diligence is key to success in real estate wholesaling. By taking the time to research properties and potential buyers, you can help ensure that your deals are successful.

Be transparent, disclose everything, and have well-structured contracts.

Do You Need a License to Wholesale Real Estate?

You do not need a license to wholesale real estate. You can, however, get a real estate license if you want to be involved in other aspects of the business, such as being a realtor or working with buyers and sellers directly.

When entering into a contract with a buyer or seller, licensed real estate agents are required to disclose their professional status in most states. This lets the other party know that the agent is not the current owner of the property but rather has the right to purchase it.

This means that you need to inform your buyer that you aren’t selling the real estate itself, but rather you are selling them the right to purchase it.

If you’re looking to sell your property, you need to let buyers know that you’re not the rightful owner. Rather, you’re selling the property under an agreement that you entered into with the actual owners. This lets the buyer know you’re not trying to pull a fast one on them.

Do You Need a Buyers List to Wholesale Real Estate?

It is a mistake to assume that you can only buy houses from wholesalers if you have a buyer’s list of your own. While having a buying list is a helpful tool, it is not absolutely necessary.

A buyer’s list is a useful tool for wholesalers, but there are other ways to find buyers that do not rely on a list.

As their name suggests, buyer lists are simply a list of people or businesses who fit your criteria.

An investor with a dependable buyers list can be confident they have a potential buyer in mind for their wholesale property. This list provides peace of mind and security knowing that there is already interest in the property.

Furthermore, it allows the investor to focus on other aspects of the sale process.

The quality of your buyer’s lists is determined by the quality of the people on them. If an investor has proven that they will buy, then you know that the property you’re showing them meets their needs.

A good buyers list is essential for any wholesaler because it gives them access to potential buyers before they even start the wholesale process. By knowing what the buyers on their list want, investors can determine if a property will meet the needs of those buyers. This makes it much easier to successfully wholesale a home.

However, a buyers list is not necessary to be successful in wholesaling real estate. It is possible to do so without one.

You can find potential buyers through online listings, networking, and other methods.

How to Wholesale Houses

Now that you know that wholesaling is legal if done correctly, what safeguards do you have in place to keep yourself from breaching the law?

You need to learn the ins and outs of how to wholesale properties. Whether this is your first foray into real estate investing or you’ve been at it for a while, there are some best practices for you to follow.

The first tip is that you have to appear like you’re the principal investor in order to sell properties at wholesale prices.

To avoid any legal trouble when wholesaling real estate, it’s best to position yourself as the main buyer. You can do this by approaching the seller of the property directly. Once you’ve bought the property, you can sell it and present yourself as the seller to the new buyer.

When the property is finally sold, you should introduce yourself to the new owner as the previous seller.

This method you should use to make your transaction legal.

When dealing with property sales, make sure you have legal contracts and paperwork.

When selling real estate properties, it is important to be familiar with the rules of your local market. This will ensure that all contracts and agreements are valid. In addition, including the proper language in these documents is crucial to avoid any legal issues down the road.

Though it’s not required, getting a license is a simple way to fix this issue.

If you hold your real estate agent’s license, no one will be able to claim you’re a broker without one. A realtor’s license gives buyers confidence in you and opens up more clients for you.

Negotiating wholesale deals can be complicated for people who have never made them before, which is why the terminology used is so important.

When drawing up a contract for a property sale, you must make sure that the contract includes all of the necessary languages as permitted in your region, to agree as clear and transparent to all parties.

The most common form of wholesaling is assigning contracts.

In essence, you start a contract with a seller and then transfer the contract’s “rights” to a buyer for a fee.

One of the benefits of wholesaling real estate is that there is no minimum amount of money required. Because you do not own this property, you must exercise extreme care when marketing it to avoid breaking the law. This protects both you and the seller involved in the transaction.

Plus, you’re promising the seller that you’ll buy their house when you’re actually selling it to someone else.

You buy a property, own it (even for just a few minutes), and then sell that contract to the buyer.

This can be problematic because there are now two closings that are beyond your control. Both buyers and sellers can cancel a deal at the last second.

This can be problematic because the buyer may have to pay fees upfront, which they may not be able to recoup if the deal falls through.

With double closings, there are a few moving parts. The buyer must realize that their first purchase must be finalized before the house can be sold again.

To make sure that you are following the laws, you may want to consult with a lawyer.

The best way to wholesale real estate is to buy and sell properties. You can do everything you want with the property once you buy it and own it, including finding a buyer and advertising it any way you choose. You can also sell it to an investor at any time.

This method of wholesale real estate has higher upfront fees to consider. With each property, there is a required down payment and closing charges that are not guaranteed.

If you’re unable to find another buyer for the property, you may lose the initial investment that you put into the home.

You could make a substantial profit from wholesaling real estate, especially if you’ve rehabbed the property. By finding a buyer for the property, you could stand to make a lot of money.

All disclosures must be clear, complete, and understandable. There shouldn’t be any ambiguity from either side.

Is wholesale real estate investing illegal? No, but it’s important to follow certain guidelines.

Be sure to check your state’s rules and regulations before listing any wholesale properties for sale. This will ensure that you are in compliance with the law and avoid any potential penalties.

So, before proceeding with a wholesale purchase, always get advice from experienced, licensed, and insured individuals in your specific market region. On every transaction, it is strongly advised that you retain legal counsel.

The information provided in this article is for educational purposes only. Laws change from state to state, and every situation is unique. Therefore, you should not rely on the information above for your specific wholesale deal.

Is Wholesaling Real Estate Easy?

Wholesaling real estate is not easy. There are a lot of moving parts and if any one of them falls through, the deal can fall apart. You need to find a motivated seller, negotiate a good price, find a buyer and then put it all together.

Is Wholesaling Legal in USA?

Wholesaling is the process of finding a property, negotiating a purchase price with the seller, and then finding a buyer for the property. The wholesaler does not take ownership of the property but instead earns a commission for finding the deal and bringing together the two parties. Wholesaling is legal in most states in the United States but there are some states that require a real estate license to engage in this type of activity.

Can You Get Sued Wholesaling Houses?

While it is possible to get sued when wholesaling houses, it is not common. The most likely scenario in which a wholesaler could be sued is if they make false promises to the seller or buyer about the property.

Wholesaling real estate is a perfectly legal way to make money in the United States. The process involves finding a property that is being sold below market value, then finding a buyer who is willing to pay more than you paid for the property. You then act as the middleman, selling the property to the buyer for a profit.


Is wholesaling real estate legal? The answer is a resounding yes! Wholesaling can be an excellent way to earn money in the real estate industry. If you’re willing to work hard, there’s no reason why you can’t succeed at wholesaling properties!

Justin McGill