@Sean McDowell @Jay Hinrichs When the wholesaling legislation first passed in June, the general consensus was that wholesaling was dead. Most attorneys in Charleston refused to close any more assignments. Then a couple of the more maverick attorneys felt that the legislation was a little loose and that you could continue assigning as long as your went about it very delicately. Basically, you couldn't make it look as through you were selling the real estate. ONLY the contractual position. I personally felt that was not the clear intention of the bill, but they were willing to stand by it. They also made the parties sign some kind of disclosure stating they were doing everything legally.
That lasted a few months, but the REC recently released a new bulletin clarifying the legislation and basically saying that bill was meant to stop all forms of "wholesaling" as a business practice. They were pretty firm in the bulletin to say that it needs to be ceased ASAP. This does only apply to residential properties, so commercial and raw land can still be assigned the way it used to be. Assigning contracts as a legal instrument when necessary is still fine, but not as a business practice.
Gonna be interesting to see how it affects the investing community here, but I've been encouraging people to just take the title for the last couple of years knowing this ban was coming. And there are a couple of folks in town who are suggesting using installment contracts as workaround, as well.