Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Canadian Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 8 years ago on . Most recent reply

User Stats

2
Posts
0
Votes
Marc R.
  • Ottawa, Ontario
0
Votes |
2
Posts

Wholesaling - is it legal in Ontario? My lawyer says NO!

Marc R.
  • Ottawa, Ontario
Posted

Hi all,

I'm a new member and just trying to get my feet off ground starting a wholesaling business. I have read about many man people successfully wholesaling in and around Ontario, so I didn't expect to run in to any road blocks so early on.

Before getting in to things, I figured a good place to start would be to consult a real estate attorney, outline my plans, and make sure I am doing things by the book. I met with one this past week, and he pretty much shut down my business idea immediately, quoting sections from the Real Estate and Business Brokers Act of 2002 which provides a *very* broad definition for the word 'trading', and goes on to say that nobody may trade real estate in the province of Ontario who is not registered as a broker or salesperson working for a brokerage, or who is otherwiese 'registered' as defined in the Act.

Here's a link, see section 4 subsection 1:

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_02r30_e.htm#BK6

Now I will fully admit that the attorney I met with didn't seem to have much experience dealing with real estate investors - perhaps I should have screened him more carefully. He admitted as well that he was used to dealing with more traditional closing transactions. But, the question remains - was he right about this? How are individual , non-registered peple able to conduct wholesaling activities in Ontario? Are they ignorant of this law or is there something else going on? I'm very confused now. Any input from active wholesalers would be much appreciated. Luckily I was planning on working in two markets - Ontario and somewhere in the U.S., so this may not set me back completely. But I was hoping to be able to work in my home town as well!

Marc

Most Popular Reply

User Stats

92
Posts
31
Votes
Ryan Thomas
  • Investor
  • ST. Augustine, FL
31
Votes |
92
Posts
Ryan Thomas
  • Investor
  • ST. Augustine, FL
Replied

it is not illegal to sign a contract to buy real estate. It is not illegal to sell your rights to the contract (Most MLS approved contracts have a non-assign clause).

Sounds like the attorney has never hear of it and doesn't understand.

Loading replies...