Is wholesaling real estate illegal in Virginia?

Question

I am starting out wholesaling but would like to know if it is illegal in Virginia?

I also would like an opportunity to bird dog for any real estate investors to understand the industry.

Patti Robertson · Answer

Wholesaling is perfectly legal in Virginia. That said, many "wholesaler" operate illegally because they don't understand the brokerage laws.  When you wholesale, you are selling YOUR position in the contract. Your contract gives you "equitable interest", which gives you the right to sell that interest.  You can't however "joint venture" or "partner" with another wholesaler and market a property they have under contract.  This is considered brokering real estate and requires a license.  To illustrate the point that selling your position in the contract is legal, the Hampton Roads MLS, REIN, even has an allowance for a contract holder to list their contract for sale.  At the time I am typing this, there are 84 active wholesale listings in the MLS, and 26 pending listings.

Kristopher Kyzar · Answer

@Duncan Thompson @Patti Robertson has it spot on. There are many active wholesalers in Hampton Roads. I would recommend having a Real Estate attorney draft you a set of contracts with blanks to fill in the variable information that you can use for both sides of the transaction. This will likely cost you about $500, but it is well worth the expense.

Matthew Berry · Answer

@Duncan Thompson

Wholesaling in Virginia in totally legal. There is a successful, renowned wholesaler in Virginia his name is Alex Joungblood. He has a big FB group on FB called Wholesaling Houses Fulltime where you can network with other wholesalers and ask Wholesaling questions in the group. Hope this helps.

Lydia M. Crowder · Answer

Thanks Patti

Jacob Barritt · Answer

Any recommendations on attorneys in Hampton Roads to help draft some contracts for me? I am attempting to wholesale a Lease-option deal I have going on.

Thanks!

Jacob Barritt

Wayne Brooks · Answer

Read the Entire state statute for real estate licensing....

Is wholesaling real estate illegal in Virginia?

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