Maybe I am beating the dead horse wholesaling legality question. I wanted to make complete sure I could do it myself with a property I have under contract, or with sellers I represented as an agent where they might be the one who has it under contract so that I could list on the MLS. I did ask a great continuing education teacher in my area. He intelligently cited the actual law, otherwise known as code in some places. Check out your own state because it's all there free to read. Here is the example from what the Official Code of Georgia says about licensed agents wholesaling and marketing a contract for real estate as a principal. By the way this is not "legal advice," just quoting the law:
§ 43-40-25. Violations by licensees, schools, and instructors; sanctions; unfair trade practices
(b) Licensees shall not engage in any of the following unfair trade practices:
(9) Acting in the dual capacity of agent and undisclosed principal in any transaction;
(10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property;
(11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or the owner's authorized agent and failing to remove such sign within ten days after the expiration of listing;
(12) Offering real estate for sale or lease without the knowledge and consent of the owner or the owner's authorized agent or on terms other than those authorized by the owner or the owner's authorized agent;
But then this also makes you question acting as a real estate broker as a wholesaler without a license.
*** Current Through the 2015 Regular Session ***
TITLE 43. PROFESSIONS AND BUSINESSES
CHAPTER 40. REAL ESTATE BROKERS AND SALESPERSONS
O.C.G.A. § 43-40-30 (2015)
§ 43-40-30. Acting without a license; cease and desist order; judicial review; effect of Code section on other remedies
(a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform, or performs, any single act defined in paragraph (2) of Code Section 43-40-1, whether as a part of a transaction or as an entire transaction, shall be deemed a licensee within the meaning of this chapter. The commission of a single such act by a person who is required to be licensed under this chapter but who is not so licensed shall constitute a violation of this chapter.
(b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, a licensee within this state without first obtaining a license as provided in this chapter unless such person is exempted from obtaining a license under Code Section 43-40-29.
(c) Notwithstanding any other provisions of law to the contrary, the commission may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of a real estate broker without a license. Such cease and desist order shall be final ten days after it is issued unless the person to whom such order is issued requests a hearing before the commission.
(d) The violation of any cease and desist order of the commission under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the commission, and the commission shall be authorized to impose a fine not to exceed $1,000.00 for each transaction constituting a violation of such order. Each day that a person practices in violation of this chapter shall constitute a separate violation.
O.C.G.A. § 43-40-30