As an update to this thread, the Utah DRE now considers wholesaling to be a licensed activity. That means it requires an agent's license and you must comply with all the other licensing requirements: disclose wholesale fee to seller, run it through brokerage, disclosure your agency and etc. The DRE has been tough on licensed agents and they are just beginning to go after non-licensed individuals that they find out about. So, it's not looking good.
I know there are non-licensed wholesalers trying to challenge this through the legal system. That will be a difficult, lenghtly and expensive process, so we probably won't have any update on that for possibly years. Other states have completely banned wholesaling. It won't surprise is other states, including Utah, follow suit.
Suggestion is to double close for now if you want to stay in compliance. If you need further info (this will probably be my last post on this topic). You can check out the webinar I did in January (in the Store on the website) for more info. Or you can call the office to discuss options like using trusts and disposable LLCs to help facilitate the transaction.
Happy investing!
Jeff