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Wholesaling · State comparisonReal estate wholesaling laws by state: who needs a license and what must be disclosed

States that regulate wholesaling – contracting to buy a home and selling the contract position for a profit – use three tools. Disclosure: Texas requires written notice to the buyer that the person is selling only an option or assigning a contract and doesn't hold title, and to the owner of the intent to assign, before contracting (Tex. Prop. Code §5.0205); North Dakota requires a written disclosure to all parties that the wholesaler holds only an equitable interest, may not be able to convey title and intends to profit (N.D. Cent. Code §43-23-24); since November 1, 2025, Oklahoma requires a written disclosure to the homeowner, before contracting, of the intent to resell the interest for more, plus a statement to seek legal advice and a statutory cancellation notice (59 O.S. §858-314). Licensing: Texas treats wholesaling without the disclosures as brokerage (Tex. Occ. Code §1101.0045), Pennsylvania treats a wholesale transaction as brokerage (Act 52 of 2024), Iowa requires a licensed broker or representation by one (Iowa Code §543B.6A), and South Carolina says marketing the property before owning it requires a license, while assigning the contractual right isn't wholesaling (S.C. Code §40-57-30(44)). Remedies: in North Dakota and Iowa the seller or buyer may cancel before closing if the disclosures are missing, Pennsylvania gives the homeowner a 30-day cancellation right, Oklahoma 2 business days – and makes a contract without the disclosures unenforceable by the wholesaler – Connecticut, since July 1, 2026, requires a state registration, gives the seller 3 business days to cancel and caps the closing at 90 days unless extended in writing (Public Act 25-168, §§253–254), Iowa adds a civil penalty up to $10,000 or 10% of the price, and South Carolina bars brokerage firms from assisting wholesaling (S.C. Code §40-57-350).

The states

  1. Texas (Prop. Code §5.0205; Occ. Code §1101.0045)

    Written notice to buyer and owner before contracting; otherwise it's brokerage requiring a license.

  2. Pennsylvania (Act 52 of 2024)

    Wholesale transactions are brokerage; contract statements and a 30-day cancellation right.

  3. North Dakota (§43-23-24)

    Written disclosure to all parties; either side may cancel before closing if missing.

  4. Iowa (§543B.6A)

    Broker license or representation, disclosures and agency agreement; penalty up to $10,000 or 10%.

  5. Oklahoma (59 O.S. §858-314)

    Written disclosure before contracting, 2-business-day cancellation; contract unenforceable if disclosures are missing.

  6. Connecticut (Public Act 25-168)

    State registration; 3 business days to cancel; closing within 90 days; contract can't be recorded.

  7. South Carolina (§40-57-30(44))

    Marketing the property before owning it needs a license; brokerages may not assist.

What the TC checks in any state

  • Whether the buyer is assigning the contract – and whether the state requires written disclosures before contracting.
  • Whether a license or broker representation is required for the wholesaler.
  • Whether the seller or buyer has a cancellation right if something is missing.

Questions about wholesaling laws

Is real estate wholesaling legal?

In these states it's regulated rather than banned: disclosures, licensing or broker representation, and cancellation rights apply depending on the state.

Which states let a seller cancel a wholesaler's contract?

Among these: North Dakota and Iowa (before closing, if the disclosures are missing), Pennsylvania (a 30-day window, or until conveyance if the statements are missing) and Oklahoma (2 business days after signing, or any time if the wholesaler doesn't comply) and Connecticut (3 business days).

Add a task in ClosingCode for a wholesale deal's disclosures, with an owner and a due date.

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Sources: Tex. Prop. Code §5.0205; Tex. Occ. Code §1101.0045; Pennsylvania Act 52 of 2024 (63 P.S. §§455.201, 455.304, 455.610); N.D. Cent. Code §43-23-24; Iowa Code §543B.6A; 59 O.S. §§858-102, 858-314 (Oklahoma SB 1075); Connecticut Public Act 25-168, §§252–259; S.C. Code §§40-57-30(44), 40-57-350 (official state sites, read for the linked guides).

General information, not legal advice. Each state links to the guide with the details. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.