Originally posted by @Don Konipol:
Real estate brokers (and agents) take listings (sign agency agreements with sellers) and/or act as agents for buyers. Rarer, they can act as intermediaries.
Stay away from giving the appearance of doing what real estate brokers do. Real estate brokers typically don't obtain a purchase contract or option in their name, and sell the contract or option.
This is not to say that doing the above as a business model does not require a real estate license (state requirements, laws and interpretations vary), bu,t that if you don't appear to be doing what real estate broker's do you are much less likely to be sued, accused, or catch the eye of the regulatory authorities. You do not want to make the mistake some wholesalers do by getting the seller to sign an agreement giving you a commission for procuring a buyer.
I respect everyone’s opinion on this matter and have heard some real great points. However, have you ever heard the phrase, “making a anthill into a mountain”? Well, that’s what’s going on here. Nobody really answered your question.
Yes you can wholesale without a license as well as create a business out of it! You can wholesale all day and whether they like it or not, your making money. I am a MA Licensed Broker and can tell you, unless your living in OK, IL or OH, you are good to go Sir. Although I personally would suggest getting your license, the excuse above is rather weak and sounds like you’re afraid of something. But anyway, without digressing too much like everyone has on this thread, I’ll break it down:
As long as you have equitable interest in the property (i.e you have a signed contract aka Purchase and Sales Agreement with negotiated terms and earnest money), and your name is on that contract along with the Sellers, you can market the CONTRACT itself, NOT the property, but the deal you are on the line to buy. As long as you’re not representing FOR ANOTHER for a profit, but instead, conducting business in your benefit, you are breaking NO laws.
-Never say “Hello, I haven property for sale people” now that insinuating you have legal title in the property and therefore are selling it- However, if you don’t have legal interest and you are marketing the PROPERTY itself, then the sound of it sounds illegal however, as a Broker, I would know exactly what you got going on however, would definitely know you lack education in the field and just winging it.
-The correct way is that your have for sale and are marketing the PAPERWORK you have equitable title interest in. Proper way of sounding is “Hello y’all! I have a great deal under contract. I am currently selling a contract for assignment of a great deal”!!!
Get it now- Nothing is illegal about it. Recently states put sanctions on wholesaling but will never 100% band it. It would be equivalent to marshal law if they did away with wholesaling. However, what they will do, is purposely throw barriers in your path to deter the inexperienced and clueless draw them out of the wood work and weed them out. This is your fly by night Wholesaler, who watched a few Youtube Videos, thinks they know it all, but when doing it they realize “Whoa, this is like work, the guy said it would be easy? Ohh well I quit!
Eventually they will banned non-licensed individuals because for the simple fact there are too many things people attempting this Real Estate game and want to fast forward through the learning and other important parameters needed. The ones your Gurus did but will never tell you!
Automate your business, remember you are selling the paper/contract or note OF the property not the Property itself, the Contract paper you are selling just so happens to have a property in its agenda. (See the loop whole). Perfectly legal and always will be legal. It WILL never be banned. It is a arbitrage flipping which was basically recognized in the 1972 in midst of that decade long recession, young couples int the suburbs, to save their own home value from falling victim to a neighbor foreclosure.