Assigning a purchase contract, meaning you sell your equitable interest (your own right to buy a property), is generally legal in all 50 states. What varies, and what has been changing fast since 2024, is the licensing and disclosure rules that kick in when you cross from marketing your contract into marketing the property itself. Several states added disclosure, cancellation, registration, or license requirements in 2024 and 2025, so a rule that was true last year may not be true today. This tracker links the actual statute or bill for every state so you can check the source yourself instead of taking our word for it.
This is legal information, not legal advice. This page is published for general informational and educational purposes only. It is not legal advice, it is not a substitute for legal advice, and it does not create an attorney-client relationship between you and Simply Digital, SQUATTERS, or anyone who worked on it. We are not a law firm and we do not represent or advise clients. Wholesaling rules are set state by state and they change. Statutes are amended, new bills take effect, and courts and real estate commissions reinterpret the same words differently. A rule that was accurate on the date we last verified it may not be accurate when you read this, and it may not apply to the specific facts of your deal. We built this carefully and we link the official government source for every entry so you can read it yourself, but we make no warranty that any summary here is accurate, current, or complete. Do not act, or decline to act, based on anything on this page without first confirming it against the linked primary source and consulting a real estate attorney licensed in your state. Every entry carries a confidence flag (Verified, Partial, or Verify) telling you how far we were able to confirm it against the official source. Read the flag before you rely on the row.
There is no income, returns, or guarantee language anywhere on this page. This is a legal-status reference, nothing more.
What this page is: a research tool, not a verdict
This is a curated index of primary sources. For every state we link the actual legislature bill, codified statute, or real estate commission page, and we tell you the date we last opened it and how far we could confirm it. We are not telling you what the law is. We are pointing you to the government's own words and telling you to read them and verify them yourself before you act.
Before you wholesale a deal, talk to a lawyer in your state
Nothing here replaces advice from a licensed attorney who can look at your specific contract, your specific state, and your specific facts. Real estate and licensing law is local, and the difference between a legal assignment and unlicensed brokerage often comes down to details this page cannot see. To find one: use your state bar's lawyer referral service (search "[your state] bar lawyer referral"), or the American Bar Association's directory of referral programs at americanbar.org. Look for a real estate attorney, and ask specifically about wholesaling and assignment of contracts in your state.
How to read this
Each row covers one state and five columns.
- State: the jurisdiction.
- Legal status: whether assigning your own equitable interest (your right to buy) is permitted. In most states the answer is a form of legal, because you are transacting your own contract, not brokering someone else's property.
- License needed?: the trigger. Assigning your contract is generally fine without a license; marketing the property itself to find an end buyer for the owner is the line most new state laws draw as brokerage requiring a license.
- Disclosure / registration: any statutory duty to disclose your role to the seller, give a cancellation window, or register.
- Recent change (bill, year): the specific bill or statute that changed the rule, if any, with the year.
- Primary source: a direct link to the legislature bill page, the codified statute, or the state Real Estate Commission.
- Last verified: the date we last opened the primary source.
- Confidence: Verified (we fetched the official government source and it confirms the summary), Partial (the official source is the correct one but we could only partially confirm the exact text), or Verify (we could not confirm against an official source, treat with caution). Every row's Primary source is an official state legislature, state code, or Real Estate Commission page, no third-party aggregators.
The core distinction that decides the license question: marketing your contract (your equitable interest) is generally treated as transacting your own property right, while marketing the property itself for an owner can be unlicensed brokerage. Assignment fees are not the trigger. Advertising the house, negotiating its sale for the owner, and holding yourself out as able to sell the property are the activities states are increasingly requiring a license or disclosures for. Read the linked statute for the exact wording, because states define "wholesaling," "broker," and "residential" differently.
Case-law layer
A companion file, WHOLESALING_LAW_TRACKER_CASELAW.md, adds the court decisions, Attorney General opinions, and Real Estate Commission enforcement orders per state (26 states have an on-point, link-verified authority; 24 have none). Every case link was fetched and HTTP-checked; sources are official court/AG/RE-commission pages or CourtListener, no aggregators.
Methodology
- Sources, in order of authority: the state legislature's official bill page, the codified state statute, then the state Real Estate Commission's licensing page. Secondary summaries (law-firm alerts, trade associations) are used only to locate the primary source, never as the cite.
- Per-row "last verified" date: every row carries the date we last opened the primary source and confirmed the text still reads as summarized. If a row is older than the current re-check cycle, treat it as stale.
- Confidence flag: rows we could not confirm against a primary source are marked "Verify," with a note on what is uncertain. We do not guess a state's status.
- Monthly legislative re-check: Simply Digital re-checks each state legislature and Real Estate Commission for new or amended wholesaling bills once a month, and dates the changelog. Freshness is the entire point of this asset. A wholesaling law tracker that is not maintained is worse than none.
| State | Legal status | License needed? | Disclosure / registration | Recent change (bill, year) | Primary source | Last verified | Confidence | |---|---|---|---|---|---|---|---| | Alabama | Legal with conditions | No (if assigning your own equitable interest as buyer); AREC brokerage rules apply if you market the property for others | Buyer may acquire an equitable interest and assign it for a fee only if the buyer discloses in writing: to any subsequent purchaser the nature of the equitable interest; to the seller the intent to market the equitable interest before marketing; and to the seller the effective date of any assignment at least three business days before it takes effect. Applies only to single-family residential property. Violation is a Class C misdemeanor plus civil liability of three times the fee received | SB228 (2023 Regular Session): enacted the residential wholesale written-disclosure requirements | https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2023RS/SB228-enr.pdf | 2026-07-05 | Verified | | Alaska | Legal (assignment) | No (if assigning your own contract); Yes to sell, exchange, list, or negotiate real estate for others, or to procure buyers/sellers, under AS 08.88.161 | No wholesaling-specific statute; general brokerage licensing under AS 08.88 governs marketing property for others. Unlicensed practice draws a civil penalty up to $5,000 or gain plus $5,000 per offense (AS 08.88.167) | No wholesaling-specific statute change (Real Estate Commission compilation rev. Sept. 2024) | https://www.commerce.alaska.gov/web/Portals/5/pub/RECregulations.pdf | 2026-07-05 | Verified | | Arizona | Legal with conditions | No (principal buyer transacting own interest); Yes if acting as a broker marketing property for others | Wholesale buyer must disclose in writing to the seller that the buyer is a wholesale buyer; wholesale seller must disclose in writing that it holds only an equitable interest and may not be able to convey title. Residential real property is defined as fewer than five dwelling units. If the wholesale buyer fails to disclose, the seller may cancel any time before close of escrow without penalty and keep any earnest money | A.R.S. 44-5101 (enacted 2022): mandatory written wholesale buyer/seller disclosures | https://www.azleg.gov/ars/44/05101.htm | 2026-07-05 | Verified | | Arkansas | Legal (assignment) | No (acquiring an equitable interest for your own use is exempt under 17-42-104(a)(1)(C)); Yes if acting for another for a fee in any act listed in 17-42-103(10) | No wholesaling-specific disclosure statute; licensing turns on the broker-activity definition in 17-42-103(10). Note 17-42-104(c): the own-use exemption is denied to anyone who obtains an equitable interest knowing it was obtained on behalf of a person intending a non-ownership interest, or who strategically circumvents the licensure requirement. Unlicensed real estate activity is a Class D felony (17-42-105(d)) with a civil penalty up to $5,000 (17-42-109) | No recent statute change (AREC compilation current through 2022 Regular Session) | https://arec.arkansas.gov/wp-content/uploads/AR-Real-Estate-License-Law-July-2022-Final.pdf | 2026-07-05 | Verified | | California | Legal with conditions | No (if marketing only your own equitable interest); Yes if selling, offering, soliciting, or negotiating the sale of the property for others for compensation under BPC 10131 | Assignment permitted when the wholesaler holds equitable interest; you cannot market the property itself as if the owner without a license. DRE penalties for unlicensed brokerage are set separately in BPC 10139 (up to $20,000 and/or up to 6 months). Obtain written seller consent to assign | No recent statute change | https://leginfo.legislature.ca.gov/faces/codesdisplaySection.xhtml?sectionNum=10131&lawCode=BPC | 2026-07-05 | Verified | | Colorado | Legal (assignment) | No if assigning your own contract as principal; Yes if marketing the property itself | None specific; principal/owner exemption in C.R.S. 12-10-201(6)(b) excludes acting on your own behalf as principal, but advertising or offering a property you do not own is unlicensed brokerage | No recent statute change (principal exemption codified in C.R.S. 12-10-201) | https://dre.colorado.gov/sites/dre/files/documents/Commission%20Position%2001%20-%20Contracts%20provided%20by%20Principals%20Selling%20Real%20Property.pdf | 2026-07-05 | Verify | | Connecticut | Legal with conditions | Registration required (not a license): wholesalers must register with the Department of Consumer Protection | DCP wholesaler registration, written seller disclosures, 3-business-day seller cancellation right, closing within 90 days; effective July 1, 2026 | HB 5572 / Public Act 25-168 (2025): creates a residential-wholesaler registration and disclosure regime | https://www.cga.ct.gov/2025/BA/PDF/2025HB-05572-R01-BA.PDF | 2026-07-05 | Partial | | Delaware | Legal with conditions | Yes (new law): a person in the business of residential wholesaling must be licensed under 24 Del. C. Ch. 29 | 270-day transition period to obtain licensure; added consumer protections for the public in a wholesaling transaction; Real Estate Guarantee Fund recovery raised to $50,000 | SB 201 (2024): regulates residential wholesaling under the Real Estate Commission (24 Del. C. Ch. 29) | https://legis.delaware.gov/BillDetail?LegislationId=142673 | 2026-07-05 | Partial | | Florida | Legal (assignment) | No if assigning your own contract as principal; Yes if marketing the property | None specific; owner/principal exemption in Fla. Stat. 475.011, but operating as a broker without a license (advertising the property, address, condition, signage) is a third-degree felony under Fla. Stat. 475.42 | No recent statute change | https://www.leg.state.fl.us/statutes/index.cfm?Appmode=DisplayStatute&URL=0400-0499%2F0475%2F0475.html | 2026-07-05 | Verified | | Georgia | Legal with conditions | No if assigning your own contract as principal buyer; Yes if marketing the property | Solicitation rules: an unsolicited written offer to buy must display "THIS IS A SOLICITATION..." at the top at least two inches from other text, and a monetary offer must add "THIS OFFER MAY OR MAY NOT BE THE FAIR MARKET VALUE OF THE PROPERTY" (O.C.G.A. 10-1-393.18) | SB 90 (eff. Jan 1, 2024) and HB 1292 (eff. May 2, 2024): solicitation-disclosure requirements affecting wholesaler mailers | https://consumer.georgia.gov/title-theft-and-unsolicited-real-estate-brokerage-and-mortgage-solicitations | 2026-07-05 | Verified | | Hawaii | Legal; no wholesaling-specific statute | Yes if you act as a broker for others; assigning your own equitable interest/option as principal is generally not licensed activity, but HRS 467-1 treats taking and reselling an option to evade licensing as brokerage | None wholesaling-specific; general real estate brokerage law (HRS Ch. 467) applies | No recent statute change | https://cca.hawaii.gov/reb/files/2021/03/467-REAL-ESTATE-BROKERS-AND-SALESPERSONS-FINAL-101420-1.pdf | 2026-07-05 | Verified | | Idaho | Legal; no wholesaling-specific statute | Yes if acting as a broker; assigning your own contract as principal is not itself licensed activity, but the Idaho Real Estate License Law (Title 54, Ch. 20) applies | None wholesaling-specific; comply with Idaho Real Estate License Law (Title 54, Ch. 20) | No recent statute change | https://legislature.idaho.gov/statutesrules/idstat/Title54/T54CH20/ | 2026-07-05 | Verified | | Illinois | Restricted: a "pattern of business" (2 or more occasions in any 12-month period) of dealing in assignable real-estate contracts makes you a broker who must be licensed | Yes once you cross the 2-in-12-months threshold; a single assignment as principal stays below the "pattern" line | Broker definition (225 ILCS 454/1-10) covers dealing in assignable contracts for the purchase or sale of, or options on, real estate; unlicensed persons must stay under the pattern threshold | SB 1872 / Public Act 101-0357 (2019): amended 225 ILCS 454/1-10 to fold assignable-contract dealing into the broker definition | https://www.ilga.gov/Documents/legislation/ilcs/documents/022504540K1-10.htm | 2026-07-05 | Verified | | Indiana | Legal with conditions | No specific license to wholesale as a principal buyer/seller, but a mandatory solicitation disclosure applies | Unlicensed solicitor must include, on every solicitation to buy or sell a residential single-family home, the disclosure that the solicitation is not from a licensed real estate professional (IC 32-21-16.5-4); noncompliance gives the homeowner a two-day right to rescind (IC 32-21-16.5-6) and is a deceptive act enforceable by the Attorney General (IC 24-5-0.5-11) | HB 1068 / P.L. 47-2024 (2024): created IC 32-21-16.5, effective July 1, 2024 | https://iga.in.gov/laws/2024/ic/titles/32#32-21-16.5 | 2026-07-05 | Partial | | Iowa | Legal but a licensed activity: wholesaling residential property requires a real estate broker license or representation by one | Yes: Iowa Code 543B.6A(2) requires a person to be licensed as a real estate broker, or be represented by a licensed broker, to engage in wholesaling | Wholesaler must disclose in writing to all parties, before executing a purchase or conveyance contract, the legal identities of all parties and an explanation of wholesaling (that the wholesaler holds only an equitable interest and may not be able to convey title), and provide a copy of the executed agency agreement; noncompliance lets the seller or buyer cancel before closing and keep earnest money | HF 2394 / 2024 Acts ch. 1040 (2024): enacted Iowa Code 543B.6A, effective July 1, 2024 | https://www.legis.iowa.gov/docs/code/543B.6A.pdf | 2026-07-05 | Verified | | Kansas | Legal (assignment) | No (if assigning your contract); Yes if marketing the property | None specific; wholesaler must not advertise, negotiate, list, or procure buyers for the property, since those acts for others for compensation define a "broker" under the Real Estate Brokers' and Salespersons' License Act (KSA 58-3035) | No recent statute change | https://ksrevisor.gov/statutes/chapters/ch58/0580300035.html | 2026-07-05 | Verified | | Kentucky | Restricted: publicly advertising an equitable/contract interest is regulated brokerage | Yes (new law): a license is required to advertise for sale an equitable interest in a purchase contract | None specific; you may assign, but public advertising of the equitable interest without a license is prohibited (criminal penalties under KRS 324.990) | HB 62 (2023): amended KRS 324.010 to include advertising an equitable interest in a purchase contract within "real estate brokerage," and KRS 324.020 to restrict it to licensees; effective June 29, 2023 | https://apps.legislature.ky.gov/record/23RS/hb62.html | 2026-07-05 | Verified | | Louisiana | Legal (assignment) | No (if assigning your contract); Yes if publicly marketing the property | None specific; contract must permit assignment, and only licensees may advertise or hold themselves out as engaged in selling real estate for others for a fee (La. R.S. 37:1431 et seq., Real Estate License Law) | No recent statute change | https://lrec.gov/laws-and-rules/license-law | 2026-07-05 | Verified | | Maine | Legal (assignment) | No (if assigning your contract for a fee); Yes if engaging in brokerage activity for another for compensation | None specific; assignment of your contract is allowed, and engaging in real estate brokerage for another without a license is prohibited under the Real Estate Brokerage License Act (Title 32, Ch. 114, sec. 13003) | No recent statute change | https://www.mainelegislature.org/legis/statutes/32/title32sec13003.html | 2026-07-05 | Verified | | Maryland | Legal with conditions | No (license not required); disclosure is mandatory | Written disclosure to the seller of intent to assign the contract of sale; seller (or assignee) may rescind without penalty before closing if the required notice is not given, with deposit refund (Md. Real Prop. § 10-715) | HB 124 (2025 RS): created wholesaler disclosure and rescission rights, effective Oct. 1, 2025 | https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0124?ys=2025RS | 2026-07-05 | Partial | | Massachusetts | Legal (assignment) | No if assigning your own equitable contract interest; Yes if you sell, negotiate, or list the property itself for another for a fee | None specific to wholesaling; general brokerage rules (254 CMR) and Ch. 93A consumer-protection duties apply | No recent statute change | https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter112/Section87PP | 2026-07-05 | Verified | | Michigan | Legal with conditions | No if assigning your own equitable interest; Yes if you sell, offer, list, or negotiate the purchase/sale of real estate for another for compensation | None specific to wholesaling; advertising the property (not your contract) can trigger the Occupational Code broker definition | No recent statute change | https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-339-2501 | 2026-07-05 | Verified | | Minnesota | Legal with conditions | No if assigning your own equitable interest; Yes if you list, sell, or negotiate a sale of real estate for another for compensation under Ch. 82 | None specific to wholesaling; standard Chapter 82 brokerage-licensing rules govern | No recent statute change | https://www.revisor.mn.gov/statutes/cite/82.55 | 2026-07-05 | Verified | | Mississippi | Legal with conditions | No if assigning your own contract as a bona fide owner of the equitable interest; Yes if you list, sell, or negotiate a property for another for compensation | None specific to wholesaling; general MREC license-law brokerage rules apply | No recent statute change | https://www.mrec.ms.gov/wp-content/uploads/2025/08/MRECLICENSELAW2025REVISED-8-15-2025.pdf | 2026-07-05 | Verified | | Missouri | Legal with conditions | No license to assign your contract, but a new mandatory seller disclosure now applies to wholesalers | Standalone written disclosure to the owner at least 14 calendar days before the contract; both parties must sign, and omission lets the owner cancel without penalty and recover earnest money within 30 days | SB 973 (2026): mandatory 14-day wholesaler disclosure to residential sellers, effective Aug 28, 2026 | https://www.senate.mo.gov/BillTracking/Bills/BillInformation?year=2026&billid=321 | 2026-07-05 | Verified | | Montana | Legal (assignment) | No (if assigning your own contract); Yes if marketing the property itself for others | None specific; MCA Title 37, ch. 51 (Real Estate Brokers and Salespersons) governs brokerage licensing; state law is silent on assignment contracts | No recent statute change | https://boards.bsd.dli.mt.gov/realty-regulation/regulations/statutes | 2026-07-05 | Verified | | Nebraska | Legal with conditions | Yes if publicly marketing an equitable interest in a purchase contract | Publicly marketing for sale an equitable interest in a purchase contract (other than a vacant lot) is licensed brokerage; NREC additionally requires an Assignable Contract Addendum by rule | LB892 (2022): added publicly marketing an equitable interest to the brokerage definition (Neb. Rev. Stat. 81-885.02) | https://nebraskalegislature.gov/laws/statutes.php?statute=81-885.02 | 2026-07-05 | Verified | | Nevada | Legal (assignment) | No (if assigning your own contract); Yes if buying, selling, or negotiating real estate for others under NRS 645 | None specific; ensure the contract permits assignment and disclose your interest; NRS 645.030 defines broker, NRS 645.230 makes unlicensed brokerage unlawful | No recent statute change | https://www.leg.state.nv.us/nrs/nrs-645.html | 2026-07-05 | Verified | | New Hampshire | Legal (assignment) | No (if assigning your own contract); Yes if acting as a broker for others under RSA 331-A | None specific; RSA 331-A:2 defines who must be licensed; RSA 331-A:16-b governs who may receive commission payments | No recent statute change | https://gc.nh.gov/rsa/html/xxx/331-a/331-a-mrg.htm | 2026-07-05 | Verified | | New Jersey | Legal (assignment) | No (if assigning your equitable interest); Yes if marketing the property itself | None enacted; S3824 would require a residential property wholesaler license, homeowner disclosure at least 3 days before an offer, and a Do Not Solicit registry; not enacted | S3824 (introduced May 11, 2023, 220th Legislature): wholesaler licensing, pre-offer disclosure, and Do Not Solicit list; still pending | https://pub.njleg.gov/Bills/2022/S4000/3824I1.HTM | 2026-07-05 | Verified | | New Mexico | Legal (assignment) | No to assign your own purchase contract as principal; Yes to broker or market real estate for others | No wholesaling-specific statute; NMSA 61-29-1 bars unlicensed real estate brokerage, and a person acting as owner on their own property is exempt under 61-29-2 | No wholesaling-specific statute change | https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/real-estate-commission/statutes-rules-and-rule-hearings/ | 2026-07-05 | Partial | | New York | Legal (assignment) | No if acting as principal (buying and assigning for your own account); Yes if acting "for another and for a fee" as a broker | No wholesaling-specific disclosure statute; RPL Article 12-A (sec. 440-a) requires a license to broker, and sec. 440 defines a broker as one acting "for another and for a fee" | No enacted wholesaling-specific statute (a reported Jan 2025 disclosure law is not present in RPL Article 12-A) | https://www.nysenate.gov/legislation/laws/RPP/440 | 2026-07-05 | Verified | | North Carolina | Legal now; restriction pending, HB 797 not enacted | No currently; HB 797 (pending) would classify residential wholesaling as licensed broker activity | HB 797 (proposed): homeowner 30-day right to cancel, refund within 10 business days, cancellation statement in 14-point font, violation a per se unfair or deceptive trade practice under GS Chapter 75 | HB 797 (2025): passed House 103-0 on Apr 30, 2025, referred to Senate Rules on May 1, 2025; NOT enacted as of Jul 2026 | https://www.ncleg.gov/BillLookup/2025/H797 | 2026-07-05 | Verified | | North Dakota | Legal with conditions | No license to wholesale, but written disclosure is mandatory | NDCC 43-23-24 requires written disclosure to all parties that the wholesaler holds an equitable interest, may not be able to convey title, and intends to profit from the transfer | HB 1125 (2025) amended NDCC 43-23-24 and related license sections; signed by the Governor Apr 8, 2025, effective Aug 1, 2025 | https://ndlegis.gov/cencode/t43c23.pdf | 2026-07-05 | Partial | | Ohio | Legal with conditions | No solely to assign your own contract; Yes if marketing the property as an unlicensed broker | ORC 5301.95 requires a written wholesaler disclosure to the owner for 1-4 dwelling-unit residential property, separate from the contract, in boldface type not less than 12 points, signed and dated by both parties before a binding contract; if omitted the owner may cancel before close of escrow and recover earnest money within 30 days | SB 155 (2025) enacted ORC 5301.95, effective March 2, 2026 | https://codes.ohio.gov/ohio-revised-code/section-5301.95 | 2026-07-05 | Verified | | Oklahoma | Legal with conditions | No (if assigning your equitable interest); marketing the property itself can trigger licensing | Written pre-agreement disclosure of intent to assign/sell the equitable interest for a higher price than offered the homeowner, prominent written notice to seek legal advice, 2-day homeowner right to cancel, earnest money held in a Oklahoma escrow account, and use of the Oklahoma Real Estate Commission cancellation-notice form; missing any required disclosure voids the contract and returns earnest money | SB 1075 (2025): consumer-protection disclosure and cancellation rules for residential wholesaling, codified at 59 O.S. § 858-314, effective Nov 1, 2025 | https://www.oklegislature.gov/cfpdf/2025-26%20ENR/SB/SB1075%20ENR.PDF | 2026-07-05 | Verified | | Oregon | Restricted: registration or broker license required | Yes (new law): register as a Residential Property Wholesaler with the Oregon Real Estate Agency or hold a real estate license | Registration required unless licensed; a Residential Property Wholesaler Written Disclosure must be given to potential buyers and sellers before contracting; "residential property wholesaling" means marketing residential property where the marketer holds only an equitable interest or purchase option, held under 90 days, with less than $10,000 invested in development/improvement | HB 4058 (2024), Oregon Laws 2024 ch. 3 §§ 1-14: created the Residential Property Wholesaler registry | https://www.oregon.gov/rea/pages/residential-property-wholesaling.aspx | 2026-07-05 | Verified | | Pennsylvania | Restricted: license required for covered wholesale transactions | Yes (new law): RELRA definitions/exclusions amended to cover wholesale transactions | Written seller disclosure that buyer intends to assign rather than take title, disclosure of the assignment fee, and a consumer right to cancel wholesale sales agreements; sellers cannot be made to waive these rights | SB 1173 / Act 52 of 2024: amended the Real Estate Licensing and Registration Act (definitions, exclusions, and right to cancel for wholesale transactions), signed July 8, 2024 | https://www.palegis.us/legislation/bills/2023/sb1173 | 2026-07-05 | Verified | | Rhode Island | Legal (assignment) | No (if assigning your contract); Yes if marketing the property itself, which can be unlicensed brokerage | None specific; no statute expressly addresses wholesaling, governed by the general real estate broker/salesperson licensing law, R.I. Gen. Laws Ch. 5-20.5 | No recent statute change | https://webserver.rilegislature.gov/Statutes/TITLE5/5-20.5/5-20.5-41.htm | 2026-07-05 | Partial | | South Carolina | Restricted: marketing the property before taking title is licensed brokerage (assigning the contract right itself is excluded) | Yes (new law) to market/advertise residential property before taking title; No license to merely assign or offer to assign your contract right | "Wholesaling" defined as having a contractual interest in residential real estate then marketing the property before taking legal ownership, which is brokerage requiring licensure; assigning/offering to assign the contract right is expressly excluded; brokerage firms and their subagents barred from wholesaling for clients | H 4754 / Act 204 (2024): amended the real estate license law (Title 40, Ch. 57, §§ 40-57-30(44) and 40-57-350), signed May 21, 2024 | https://www.scstatehouse.gov/sess1252023-2024/bills/4754.htm | 2026-07-05 | Verified | | Texas | Legal with conditions | No if assigning your equitable interest with written disclosure; failure to disclose is statutorily deemed unlicensed real estate brokerage | Must disclose the nature of the equitable interest in writing to any seller or potential buyer, and must not use the option or contract to engage in real estate brokerage | SB 1577 (2023): amended Occupations Code 1101.0045, effective Jan 1, 2024 | https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1101.htm | 2026-07-05 | Verified | | South Dakota | Legal (assignment) | No if assigning your own contract as principal; Yes if listing, selling, or advertising the property for another for compensation | None specific to wholesaling; general SDCL 36-21A licensing applies, and only licensees may market property for another | No recent statute change | https://sdlegislature.gov/Statutes/36-21A-6 | 2026-07-05 | Verified | | Tennessee | Legal with conditions | No if assigning your contract, but statutory disclosure now mandatory | Buyer engaged in wholesaling must disclose the nature of its equitable interest in writing (bold, large font, within the written agreement) to the seller and any subsequent purchaser, and give the seller at least 3 business days written notice before an assignment's effective date | SB 909 / Public Chapter 72 (2025): amended TCA Titles 47 and 66 to require equitable-interest disclosure and assignment notice, effective March 25, 2025 | https://wapp.capitol.tn.gov/apps/BillInfo/Default?BillNumber=SB0909&GA=114 | 2026-07-05 | Verified | | Utah | Legal (assignment) | No if assigning your own contract; Yes if selling, listing, or advertising the property itself for another for consideration | None specific to wholesaling; the Real Estate Licensing and Practices Act (Title 61, Ch. 2f) defines "principal broker" to include selling or listing real estate or holding out as engaged in the business, so an unlicensed party may market only its equitable interest, not the property | No recent statute change | https://le.utah.gov/xcode/Title61/Chapter2F/C61-2f1800010118000101.pdf | 2026-07-05 | Verified | | Vermont | Legal (assignment) | No if assigning your own contract as principal; Yes if acting as a broker or salesperson for others without a license | None specific to wholesaling; Title 26 Ch. 41 bars any person from engaging in the business or acting as a real estate broker or salesperson without a license, with a bona fide owner selling their own property excepted | No recent statute change | https://legislature.vermont.gov/statutes/chapter/26/041 | 2026-07-05 | Partial | | Virginia | Legal with conditions | Yes if dealing in real estate contracts, including assignable contracts, on two or more occasions in any 12-month period for compensation | A person meeting the two-transactions-in-12-months threshold falls under the broker definition and must be licensed; a single assignment of your own equitable interest is not brokerage | HB 917 (2024): amended the "real estate broker" definition in Va. Code 54.1-2100 to include those dealing in assignable contracts on two or more occasions in a 12-month period for compensation | https://law.lis.virginia.gov/vacode/title54.1/chapter21/section54.1-2100/ | 2026-07-05 | Verified | | Washington | Legal (assignment) | Yes if performing real estate brokerage services beyond assigning your own contract | No wholesaler-specific statute; RCW 18.85.011 defines brokerage services (listing, selling, negotiating the purchase or sale of real estate or any real property interest) that require a license | No recent statute change | https://app.leg.wa.gov/rcw/default.aspx?cite=18.85.011 | 2026-07-05 | Verified | | West Virginia | Legal (assignment) | Yes if acting as a real estate broker (marketing the property itself) rather than assigning your own right to purchase | No wholesaler-specific statute; W. Va. Code 30-40-3 makes it unlawful to act as a real estate broker without a license; the West Virginia Real Estate License Act (ch. 30, art. 40) governs brokerage | No enacted statute change (a 2026 wholesaling bill was reportedly introduced but is not confirmed enacted) | https://code.wvlegislature.gov/30-40-3/ | 2026-07-05 | Partial | | Wisconsin | Legal with conditions | Broker license needed if acting beyond assigning your own contract; disclosure required regardless | Written notice to the seller of residential real property, no later than entering the purchase agreement, that the buyer is a real property wholesaler; seller may rescind before closing without liability if not disclosed | 2023 Wisconsin Act 208 (created Wis. Stat. 710.13): real property wholesaler disclosure requirement and seller rescission remedy, effective 2024 | https://docs.legis.wisconsin.gov/2023/related/acts/208 | 2026-07-05 | Verified | | Wyoming | Legal (assignment) | Yes if performing brokerage acts (marketing the property itself); No if marketing or assigning your own equitable interest | No wholesaler-specific statute; licensing is governed by the Wyoming Real Estate Commission under Wyo. Stat. Title 33, ch. 28 (W.S. 33-28-101 through 33-28-401) | No recent statute change | https://realestate.wyo.gov/real-estate-commission/rules-regulations | 2026-07-05 | Partial |
Changelog
Notable 2024 to 2025 statutory changes, most recent first. Each entry links the primary source and names the codified location so you can verify it directly. Confirm the exact bill and session against the citation column in the table row.
- 2025, Ohio, SB 155. New seller-disclosure duty for wholesalers: a clear and conspicuous written statement, separate from the purchase contract, in bold type of at least 12 points, stating the wholesaler does not represent the seller and intends to assign. Seller may cancel before close of escrow if notice is not given. Signed by Gov. DeWine on Dec 1, 2025, taking effect in early 2026. Source: Ohio General Assembly, legislature.ohio.gov. Last verified: Jul 5, 2026.
- 2025, Oklahoma, SB 1075 (codified at 59 O.S. § 858-314, amending § 858-102). Requires wholesalers to disclose they do not intend to buy the property, give the homeowner a right to seek counsel and a 48-hour cancellation window, and use a standardized cancellation notice from the Oklahoma Real Estate Commission. Missing required elements void the contract. Effective Nov 1, 2025. Source: Oklahoma Legislature, oklegislature.gov. Last verified: Jul 5, 2026.
- 2025, Maryland, disclosure duty in effect (Md. Code, Real Property § 10-715, from HB 124 / Ch. 508 and companion SB 160 / Ch. 509, 2024 session). Requires two written disclosures: one to the seller before the purchase contract is signed, and one to the assignee before the assignment is completed, including that the wholesaler may not be able to convey title. No license or registration was added; the legislature considered and declined a licensing requirement. Disclosure requirement effective Oct 1, 2025. Source: Maryland General Assembly, mgaleg.maryland.gov. Last verified: Jul 5, 2026.
- 2025, Pennsylvania, Act 52 of 2024 (Senate Bill 1173) took effect. Requires a real estate license for covered wholesale activity, seller disclosures, a 30-day (or pre-conveyance) cancellation right, and refund of payments within ten business days on cancellation; sellers cannot be made to waive these rights. Signed July 8, 2024; effective Jan 4, 2025. Source: Pennsylvania General Assembly, palegis.us. Last verified: Jul 5, 2026.
- 2024, South Carolina, HB 4754 amended the real estate license law (S.C. Code Title 40, Ch. 57). Defines "wholesaling" as holding a contractual interest and then marketing the residential property before taking title, treats that marketing as brokerage requiring a license, and bars brokerage firms from assisting it. The statute expressly does not cover assigning, or offering to assign, the contract right itself. Applies to residential real estate (one to four dwelling units). Source: South Carolina Legislature, scstatehouse.gov. Last verified: Jul 5, 2026.
- Baseline context, Illinois, 225 ILCS 454 (Real Estate License Act of 2000), as amended by Public Act 101-0357 (2019). An unlicensed principal is limited to one assignment per rolling 12-month period; a "pattern of business" of two or more transactions in any 12 months is brokerage and requires a broker license. Included as standing context because it predates 2024 but continues to govern. Source: Illinois General Assembly, ilga.gov. Last verified: Jul 5, 2026.
SD outreach pitch (for resource pages and journalists)
We maintain a free, primary-sourced tracker of the legal status of real-estate wholesaling in all 50 states, linking the actual legislature bill, codified statute, or Real Estate Commission page for each one, with a per-state "last verified" date, a public changelog of the 2024 and 2025 disclosure and licensing changes (Maryland, Ohio, Oklahoma, Pennsylvania, South Carolina, and others), and a plain honesty line that this is legal transparency and not legal advice. It is the citable version of a question most articles get wrong: there is no email wall, no lead form, and no income or profit pitch, just the statute and the date we last checked it. If you cover real estate, consumer protection, or housing policy, or you keep a resources page for investors or homeowners, we would like you to link it as a reference, and we will keep it current so your link never points at stale law.
Build and design spec (web team)
- Table: 50 rows, sortable by any column and filterable by status and by whether a state added a 2024 or 2025 disclosure/license rule. Sticky header. Each row exposes the primary-source link and the "last verified" date.
- US map: a clickable choropleth of the 50 states, color-coded by status (for example: assignment permitted / disclosure now required / license may be required / Verify). Clicking a state scrolls to and highlights its table row. The map is an entry point, never the source of truth; the row and its cite are.
- Prominent "Last updated" date: sitewide, at the top of the page, reflecting the most recent monthly re-check. A tracker that does not show its own freshness cannot be trusted.
- Visible changelog: the dated change list rendered on the page (not hidden), most recent first, each entry linking a primary source.
- Honesty line: the not-legal-advice statement pinned near the top and repeated above the table, in plain, legible type. No income, returns, or guarantee language anywhere.
- Technical: static, fast, and accessible. Server-rendered or fully static HTML so the content is crawlable and citable by search and answer engines. Semantic table markup, keyboard-operable sort and filter, WCAG 2.2 AA contrast, and an accessible non-color status label so the map is not the only signal. Structured data marking it as a dated, regularly updated reference.
- Ownership: hosted on squatters.io as a permanent resource page, built and maintained by the web team. Simply Digital owns the data layer and re-verifies every state monthly, updating the "Last updated" date and the changelog on each pass.
Reviewed and verified against primary sources as of July 5, 2026. Re-checked monthly; see the changelog above for dated updates.
Informational and educational only. Not legal advice, and no attorney-client relationship is formed. Wholesaling law varies by state and changes; we make no warranty of accuracy or completeness. Every entry links its official source so you can verify it yourself. Consult a real estate attorney licensed in your state before acting.