Real Estate Wholesaling Laws by State (2026): All 50 States
By the CashBuyerRated Editorial Team · Updated September 2026 · 32 sources
Short answer
Wholesaling is legal in most states, but 23 states and Philadelphia now have laws aimed at it, and North Carolina's regulator has issued guidance. Common rules include a real estate license or registration, written disclosure that the buyer may assign the contract, and a seller's right to cancel, from 2 business days in Oklahoma to 30 days in Pennsylvania.
“Wholesaling” means putting a home under contract and then selling or assigning the contract to another buyer for a fee, without buying the home. Most of these laws passed in 2024–2026, so check the source for your state before relying on this page.
States with wholesaling laws (23 + Philadelphia)
| State | Law | Effective | What it requires |
|---|---|---|---|
| Alabama | Ala. Code §§ 8-42-1 to 8-42-3[14] | August 1, 2023 | Disclose the buyer's limited interest and intent to market it; tell the seller about an assignment at least 3 business days before it takes effect. |
| Arizona | A.R.S. § 44-5101[15] | In effect | A wholesale buyer must tell the seller in writing that they are a wholesale buyer; if they don't, the seller may cancel before closing and keep the earnest money. |
| Connecticut | Public Act 25-168 (Gen. Stat. §§ 20-329aaa and following)[10] | July 1, 2026 | Registration with the Department of Consumer Protection; seller gets 3 business days to cancel; closing generally within 90 days; written notices before assigning. |
| Delaware | Senate Bill 201 (85 Del. Laws ch. 274)[16] | Signed June 1, 2026; seller cancellation right Aug. 30, 2026; license requirement Feb. 26, 2027 | Disclosures and a seller cancellation right; wholesaling as a business will require a real estate license. |
| Illinois | Real Estate License Act, 225 ILCS 454/1-10[1] | In effect | A real estate license for dealing in contracts, including assignable contracts, 2 or more times in 12 months. |
| Indiana | HEA 1068 (IC 32-21-16.5)[29][30][31] | Agreements made after June 30, 2024 | Unlicensed buyers soliciting single-family homes must disclose that they aren't licensed and name the person expected to buy; if the disclosure is missing, the homeowner may cancel in writing within 2 days. |
| Iowa | Iowa Code § 543B.6A; Commission rules ch. 22[22][8] | July 1, 2024 (rules June 18, 2025) | Licensed broker or broker representation; written disclosures before contracting; cancellation right if disclosures are missing; penalties up to the greater of $10,000 or 10% of the sale price. |
| Kentucky | HB 62 (KRS 324.010, 324.020)[27] | Signed March 23, 2023 | Advertising an equitable interest in a purchase contract is real estate brokerage and requires a license. |
| Louisiana | Act 807 of 2026 (La. R.S. 37:1448.5)[17][21] | August 1, 2026 | Written disclosures; seller may cancel for any reason for at least 5 calendar days; deposit of at least 1% held in escrow; no liens or title clouds. |
| Maryland | HB 124 (Chapter 508), Real Property § 10-715[12] | October 1, 2025 | Written disclosure that the contract may be assigned; owner may rescind before closing if notice isn't given and the contract is assigned. |
| Missouri | SB 973 (Mo. Rev. Stat. § 407.3600)[24] | August 28, 2026 | Written disclosure signed by the wholesaler and owner at least 14 calendar days before contracting; if it's missing, the owner may cancel before closing and keep the wholesaler's earnest money. |
| Nebraska | LB 892 (Neb. Rev. Stat. § 81-885.02)[28] | 2022 | Publicly marketing an equitable interest in a purchase contract (vacant lots excluded) is brokerage requiring a license. |
| North Dakota | HB 1125 (N.D.C.C. §§ 43-23-06.1, 43-23-24)[11] | August 1, 2025 | Written disclosure by wholesalers; seller may cancel before closing if the disclosure is missing; publicly marketing a contract interest for a fee falls under broker licensing. |
| Ohio | Senate Bill 155 (R.C. § 5301.95)[6] | March 2, 2026 | Separate bold written disclosure signed by the owner before contracting; owner may cancel before closing and keep the wholesaler's earnest money if it's missing. |
| Oklahoma | SB 1075 (59 O.S. § 858-102.1)[2] | November 1, 2025 | Written disclosure of intent to assign for more than the owner was offered; advice to seek legal counsel; 2 business days to cancel; deposits escrowed in Oklahoma. |
| Oregon | HB 4058[9] | July 1, 2025 | Registration with the Oregon Real Estate Agency unless licensed; written disclosures; buyer or seller may cancel through the third business day. |
| Pennsylvania | Act 52 of 2024[3] | January 4, 2025 | A real estate license; disclosure of wholesale intent; seller may cancel until midnight of the 30th day after signing or conveyance, whichever comes first. |
| Rhode Island | SB 3136 Sub A (R.I. Gen. Laws ch. 34-51)[25][26] | January 1, 2027 (signed June 23, 2026) | A real estate license; written disclosure before contracting that the contract may be assigned; seller may cancel for any reason within 3 business days. |
| South Carolina | S.C. Code §§ 40-57-30(44), 40-57-135[5] | May 21, 2024 | Defines wholesaling; marketing the property itself before owning it can require a broker license. |
| Tennessee | SB 909 (Public Chapter 72)[13] | 2025 | Disclose intent to market the contract before signing; disclose the assignment at least 3 business days before it takes effect. |
| Texas | Occupations Code ch. 1101 (SB 2212); Property Code § 5.0205[7][23] | In effect (seller notice rule since Jan. 1, 2024) | Written notice of intent to assign; accurately disclose you're selling a contract interest; offering a property you don't own is brokerage requiring a license. Wholesaling stays legal when the rules are followed. |
| Virginia | Va. Code § 54.1-2100[18] | July 1, 2024 | Dealing in real estate contracts, including assignable contracts, 2 or more times in 12 months falls under the broker license definition. |
| Wisconsin | 2023 Wisconsin Act 208 (Wis. Stat. § 710.13)[19] | March 24, 2024 | Written wholesaler-status disclosure to the seller; seller may rescind before closing if it's missing. |
| Philadelphia (city) | Philadelphia Code § 9-5202[4] | 2020 | A city Residential Property Wholesaler license. |
States with regulator guidance
| State | Law | Effective | What it requires |
|---|---|---|---|
| North Carolina | N.C.G.S. ch. 93A; Real Estate Commission bulletin[20] | December 2023 | A genuine buyer can assign without a license, but soliciting sellers as a "cash buyer" while intending to find another buyer for a fee can be unlicensed brokerage. |
States with no wholesaling-specific rule found
As of September 2026 we found no law or regulator guidance written specifically for wholesaling in these jurisdictions. General real estate licensing, contract, and fraud law still applies, and some states have bills pending:
Alaska · Arkansas · California · Colorado · District of Columbia · Florida · Georgia · Hawaii · Idaho · Kansas · Maine · Massachusetts · Michigan · Minnesota · Mississippi · Montana · Nevada · New Hampshire · New Jersey · New Mexico · New York · South Dakota · Utah · Vermont · Washington · West Virginia · Wyoming
Related rules in states without a wholesaling law
Georgia has no wholesaling statute, but since 2024 unlicensed buyers who send written purchase offers must include specific disclosures: that it's a solicitation, that you don't have to respond, that the offer may not be fair market value, and whether it's below the tax-assessed value.[32] Some cities have their own rules too. Atlanta bans repeated unsolicited contact after a homeowner asks it to stop, and Baltimore and Philadelphia bar soliciting homeowners who have said they aren't interested in selling.[32]
What this means for sellers
- You may have a right to cancel. Several states give sellers a cancellation window, and many let you cancel if required disclosures are missing.
- Disclosure is becoming the norm. In most regulated states, a buyer who plans to assign your contract has to tell you in writing.
- Missing disclosures can void the deal. In Oklahoma, a wholesale contract without the required disclosures or cancellation form is invalid and unenforceable.[2]
- Even with no specific law, you can ask. A buyer who lies when you ask whether they'll assign the contract may face fraud claims anywhere. See contract red flags.
This page summarizes the rules; it isn't legal advice. Laws change quickly. Read the linked source for your state, and consider a real estate attorney before you sign.
Check the buyer before you sign
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- San Diego
- San Francisco Bay Area
- Seattle
- St. Louis
- Tampa
- Washington, DC & Baltimore
Common questions
Is wholesaling real estate legal?
Yes, in most states, but 23 states and Philadelphia now regulate it, requiring some combination of a license or registration, written disclosure to the seller, and a seller's right to cancel.
Which states require a license to wholesale real estate?
Examples include Illinois and Virginia, which treat dealing in assignable contracts 2 or more times in 12 months as broker activity; Pennsylvania, which requires wholesalers to be licensed; Iowa, which requires a licensed broker or broker representation; Delaware and Rhode Island, whose license requirements start in 2027; and Philadelphia, which requires a city license. Kentucky, Nebraska, North Dakota, South Carolina, and Texas require a license to publicly market a contract interest or a property you don't own. Oregon and Connecticut require registration instead.
Can I cancel a contract with a wholesaler?
In many regulated states, yes. Oklahoma gives sellers 2 business days, Connecticut 3 business days (Rhode Island too, starting in 2027), Oregon through the third business day after disclosure, Louisiana at least 5 calendar days, and Pennsylvania until midnight of the 30th day. Several states, including Missouri, Ohio, and Indiana, also allow cancellation if required disclosures are missing.
Is wholesaling legal in California, Florida, or Georgia?
As of September 2026 we found no wholesaling-specific law in California or Florida. Georgia has no wholesaling statute, but since 2024 unlicensed buyers who send written purchase offers must include specific disclosures. General real estate licensing, contract, and fraud law still apply everywhere, so a wholesaler who markets property they don't own or lies about their plans can still face legal trouble.
Sources
- Illinois General Assembly: 225 ILCS 454/1-10
- Oklahoma Real Estate Commission: Wholesaling resource (SB 1075)
- Pennsylvania General Assembly: Act 52 of 2024
- Philadelphia Code § 9-5202
- South Carolina Code Title 40, Chapter 57
- Ohio Revised Code § 5301.95
- Texas Real Estate Commission: Sale of equitable interests in real estate clarified
- Iowa Legislature: ARC 9252C, wholesaling of residential property
- Oregon Real Estate Agency: Property wholesaling law and rule overview
- Connecticut General Statutes, chapter 392a (2026 supplement)
- North Dakota Legislative Branch: HB 1125
- Maryland General Assembly: Chapter 508 (HB 124)
- Tennessee General Assembly: SB 909
- Alabama REALTORS®: REALTOR® advocacy leads to new law
- Arizona Legislature: A.R.S. § 44-5101
- Delaware General Assembly: Senate Bill 201
- Louisiana Legislature: Act 807 of the 2026 Regular Session (HB 468)
- Code of Virginia, Title 54.1, Chapter 21
- Wisconsin Legislature: 2023 Wisconsin Act 208
- North Carolina Real Estate Commission: Beware of unlicensed activity (Dec. 2023)
- Louisiana REALTORS®: New wholesaling law, effective August 1
- Iowa Code § 543B.6A
- Texas Real Estate Research Center: New Texas assignment law
- Missouri Senate: SB 973 (2026)
- Rhode Island General Assembly: 2026 S 3136 Substitute A
- FastDemocracy: Rhode Island SB 3136 (2026) status
- Kentucky General Assembly: HB 62 (2023)
- Nebraska Legislature: Neb. Rev. Stat. § 81-885.02
- Indiana Code § 32-21-16.5-1 (Justia)
- Indiana Code § 32-21-16.5-4 (Justia)
- Indiana Code § 32-21-16.5-6 (Justia)
- AARP: Legislative guide to residential real estate wholesaling (2026)
General information, not legal advice. Laws and practices vary by state; consider a real estate attorney before signing.