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Updated about 6 years ago, 11/20/2018

User Stats

10
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3
Votes

Is it illegal to wholesale in N.C.?

Posted
Is it illegal to wholesale real estate in the state of N.C.? Any help on this issue will be appreciated I have a couple of cold call I would love to make, but I want to make sure I’m not breaking the law. Thank you V/r Oliver Warren

User Stats

51
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191
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Stacey C.
  • Real Estate Broker
  • Fayetteville, NC
191
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51
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Stacey C.
  • Real Estate Broker
  • Fayetteville, NC
Replied
@Oliver Austen Warren No.

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10
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3
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Replied
@Stacey Cook Thank you!
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689
Posts
511
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Blair Poelman
  • Real Estate Broker
  • Provo, UT
511
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689
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Blair Poelman
  • Real Estate Broker
  • Provo, UT
Replied

If you're asking this question you likely don't understand the local laws - so you really should consult with a local attorney who can advise you on your strategy.  One of the many "#1 rules" of this game is Don't get involved in a deal you don't understand.  Another #1 rule is Don't break the #1 rules.

There are endless ways to "wholesale" a property, so a simple "YES" or "NO" is not a sufficient answer to your question.   Depending on how you do your specific deal, it might be legal - or it could be totally and blatantly illegal and you could be screwing yourself good and hard.

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23,418
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13,507
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,507
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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

Read your state real estate law statutes.....that’s the only “opinion” that matters.  some states specifically speak to assigning and marketing properties you don’t own, like FL does, some don’t.

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Replied

Thank you all for your help! I will get reading and talk to both my base legal and civilian legal council.

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151
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143
Votes
Michael Glaspie
  • Real Estate Consultant
  • Fayetteville, NC
143
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151
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Michael Glaspie
  • Real Estate Consultant
  • Fayetteville, NC
Replied

No, it is not illegal. It is common practice. I would ensure that you have an attorney approved Purchase contract that has the assignable clause. But make those calls and make those deals!

User Stats

34
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11
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Ken Yu
  • Flipper/Rehabber
  • Chicago, IL
11
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34
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Ken Yu
  • Flipper/Rehabber
  • Chicago, IL
Replied

Only concern is that the standard NC contract has a clause that forces the sellers to sign off on all assignments. Could run into trouble there. Might be more beneficial to use a different document or have the seller/seller attorney agree to strike that clause at the get go. 

But as others have said, assignments are viable in NC.