KGCI: Real Estate on Air - The Legal Truth About Real Estate Wholesaling

Episode Date: November 25, 2025

Summary:This episode dives into the crucial and often confusing topic of real estate wholesaling's legality. The host clarifies the misconceptions surrounding wholesaling, explaining that whi...le it's not universally illegal, many states are enacting specific legislation to regulate it more closely. The discussion provides a tactical breakdown of how to operate ethically and legally by understanding the difference between wholesaling and acting as an unlicensed broker. The episode is a must-listen for any agent or investor who wants to engage in wholesaling and needs a clear, up-to-date guide to avoid legal pitfalls and stay compliant with local and state laws.

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Starting point is 00:00:00 You're listening to the Investor Agent Nation podcast, empowering agents and investors to collaborate effectively and grow their businesses symbiotically. Your host, Randy Zemnock and Eric Gross, share real-life case studies, trending tactics, and expert strategies that have helped them to accomplish over $1 billion in sales volume. Whether you're a seasoned agent looking to expand your business or an investor seeking to optimize your returns, You're in the right place. This is the Investor Agent Nation podcast. So is wholesaling becoming illegal?
Starting point is 00:00:39 So this is becoming quite the conversation across the country. And what you're looking at on the screen is basically South Carolina. And I want to give credit to my buddies at Real Estate Skills. Alex Martinez is one of the owners. actually, fun, fun little story. Alex Martinez runs this amazing coaching company now for investors as well. They have an amazing blog, Real Estate Skills. I really, really like their blog.
Starting point is 00:01:12 They put a lot of time and effort into it, and I pulled a lot of the things from the blog for today because they really do stay on top of it. And Alex Martinez was actually one of my acquisitions guys. He started with me as an intern years ago at the flipping company that I ran in San Diego and now he's a successful investor, successful educator, I would say an influencer in a space, which is awesome. So I just want to give him a plug because this is where I get a lot of information from for today. So this wholesaling real estate legal in South Carolina,
Starting point is 00:01:44 I started with South Carolina because that's been in the news lately the most because that is now officially past, right? And you can find the blogs at realestateskills.com Valley. But the South Carolina one states this. Wholesailing real estate in South Carolina is legal if investors abide by the rules and regulations set forth by the state specific laws governing real estate transactions. Now, you might say, wait, I thought it said it was illegal if you even heard about it. The way they describe it after doing their research, they believe that it is legal. Okay. That said, South Carolina wholesale real estate laws are constantly changing, effectively allowing the South Carolina a real estate commission to regulate the real estate industry and protect the public's interest
Starting point is 00:02:30 when involved in these transactions. Case in point, the latest amendments to the South Carolina Code of Laws. And on May 29, 2024, the House Bill 4754 from the South Carolina General Assembly signed into law. This bill adds articles 9 to Chapter 57, Title 40 of the South Carolina Code of laws updating the regular measures for real estate professionals in the state. On the surface, the latest amendments appear to prohibit the act of wholesaling. Per the amendment, particularly section 40 through 57 and dash 3350 in the South Carolina Code of Laws, it is explicitly stated that a real estate brokerage firm and its subagents are prohibited from engaging in, representing others in, or assisting others in the practice of wholesaling. And it's interesting. Tamara,
Starting point is 00:03:22 actually she had an agent that was looking to join us and this was actually unfolding and her and I were communicating on this. So this is actually probably a good thing for you to listen to Tamara because there might be ways around it, right? And it's to be to be seen as it unfolds. As we continue, as a result, real estate investors across the state began to question whether or not they were still allowed to wholesale properties. To be clear, the answer is yes. It's still legal to wholesale real estate in South Carolina homeowners want, wholesale real estate, South Carolina homeowners want to part ways with despite House Bill 4754 being signed into law.
Starting point is 00:04:03 It is worth noting, however, that the method of acting as an intermediated between sellers and buyers has officially changed because of how the South Carolina Court of Laws defines wholesaling. A key provision included in H-4754 alters the definition of the term wholesaling. Here's what it says. Holesailing means having a contractual interest in purchasing residential real estate from a property owner, then marketing the property for sale to a different buyer prior to taking legal ownership of the property. Advertising or marketing real estate owned by another individual or entity with the expectation of compensation falls under the definition of broker and requires a real estate license.
Starting point is 00:04:49 But this sentence here is key. Wholesaling does not refer to the assigning or offering to assign a contractual right to purchase residential real estate. So then they dive a little bit deeper, okay? There are a couple of important distinctions to make here. And I'm doing this and I'm going a little bit more detailed in South Carolina because I want to set the precedence of how we should look at this in other states as these laws change. Okay. And we have a really good case that's taking place and unfolding in front of us in South Carolina. So that's why I'm going a little bit deeper on this one. So a couple of important distinctions to make here. For starters, the act of assigning or offering to assign a contractual right to purchase residential real estate doesn't fall under this definition. Therefore, it's not the act of assignment that's against the law. It's the act of marketing the contract or property. Additionally, the new bill only prohibits wholesaling residential real estate, which is defined by the South Carolina Code of Laws as real estate, which is used primarily for personal
Starting point is 00:06:00 family or household purposes and is improved by one to four dwelling units. That means the traditional assignment of contract method is still a viable course of action for South Carolina wholesalers dealing in anything but residential property, like vacant land, which is what I also do, or commercial properties with more than four units. So, how can I legally wholesale real estate in South Carolina? Right. One way of them, they're proposing it how investors are trying to already do that are not licensed is instead of attempting to assign contracts, you can establish a legal partnership with buyers who are actively seeking properties before you start looking for homes to present to them. This partnership isn't
Starting point is 00:06:54 just a casual agreement. It's a formal contract where you, as the real estate investor, are specifically hired to find homes for the buyer to purchase. Think of it as offering a specialized service run and selling the right to buy a property. This proactive approach ensures that you have a clear legally binding relationship with your buyers in place before a subject property is located, making the entire process more efficient, compliant with the wholesale guidelines of South Carolina. So in retrospect, it's a longer way of explaining reverse wholesaling, where you find the buyers, you have the buyers that are interested in certain areas, you build relationships with them, become more of a partner with them, and say, hey, I find a
Starting point is 00:07:39 property, I know I'm only going to you because we're partners, right? Now, I don't know the legality of what the paperwork looks like and we're not going to get into that here that's a conversation for an attorney in a state right that's the best person to to acquire and present them this paragraph right as an example and have them tell you what that could look like another recommendation is practical strategy for navigating south carolina's new real estate laws involves using a bond for title or installment contract for the record i don't know any anything about installment contracts, so I'm not going to speak about it. However, they are mentioning it as a viable option to explore if you're in South Carolina. This method allows you to gain
Starting point is 00:08:26 equitable interest in a property with minimal initial investment while maintaining compliance with state regulations. Again, I would talk to an attorney in South Carolina how this can be done to stay compliant. And then the last one, which is probably going to be the easiest across all the states if these laws keep going to the other states. You can proceed with a double closing when you've found your buyer. This involves two back-to-back transactions. First, you close the deal with the original owner, paying off the balance due on an installment contract. Immediately following this, you close the sale with the end buyer. Who purchases the property at the higher price you've negotiated. This double closing allows you to profit from the difference between
Starting point is 00:09:10 the two sales. Okay. So this is what they're proposing. I don't know if this is actually allowed, right? They're proposing it based on their research and I'm sure they talk to other investors in South Carolina. Hopefully they talk to attorneys. However, the reason I bring this up is because if you Google wholesaling in South Carolina, you might be frightened by seeing that it's you'll just say illegal, it's illegal, it's illegal, it's illegal. Well, is it? And we, we, instead of us panicking as agents who work with investors that wholesale or investors that, you know, wholesale and work with agents, we got to kind of chill out, read a little bit deeper into the bill, speak to others like these, research it further, and essentially talk to a local attorney and or title company
Starting point is 00:10:03 and let them tell you what is the workaround that's legal, right? Because I can guarantee you, even though these laws are coming and South Carolina is one of the, you know, one of the few that took pretty significant action against it, there will be a way to do it. I have no doubt that we'll find a way, and this is an example, and if these all three options are true, there you go. Now, double closing might not be as attractive because you have to actually close on a property and your costs go up. So sometimes the $10,000 you're trying to make on a wholesale fee might get eaten up by the additional closing costs because now you have two closings versus basically having only one and in the true assignment of contract. the buyer that is taking over your contractual position is going to end up paying their buying costs, the purchase costs, and the seller is going to pay their own, right? But when you're doing a double closing, now you are a buyer from A to B, so you have buying
Starting point is 00:11:14 closing costs, and then you're also a seller to the C buyer, and now you have seller closing fall. So you're kind of adding those two additional costs in the middle, and that could technically wipe out your wholesale fee, and it might not make sense, right? So that might not be a great option, but it is an option. So what is that? If that would be the only option in your state that you could do, which I doubt that would be the case, but if it is, and if you really, really want to stay above, above the line and not take any chances, then this is probably the easiest, safest way to do it so then you just have to negotiate lower price right and create a bigger spread right so instead of having a $10,000 wholesale fee spread you negotiate maybe a $20,000 wholesale fee spread and allocate
Starting point is 00:12:04 you know five six seven thousand which i think is on a high side for closing costs on both sides right so either way there will be a way so that's south carolina um north carolina is already looking to follow their lead and i'm glad you bring this up to mara because one of the things i did i listened to a podcast i like to listen to um uh bigger pockets podcast it's uh on the market it's called on the market and i actually listened to one podcast in june where a commissioner in south carolina a real estate commissioner in south carolina and he's also an attorney was interviewed by the host. And he spoke about these changes.
Starting point is 00:12:51 He actually went into some of the ways around the law. He's like, you would think I'm a real estate commissioner and I want to, you know, kill wholesaling. He's like, that's not true because I'm an attorney. He's like, one of my biggest clients is an investor that has a lot of wholesales. So that's not going to benefit me. However, he goes, I do go to all the meetings for all the real estate commissioners across the country. And I think they have them quotently. And he goes, interesting thing that he stated.
Starting point is 00:13:21 And he goes, a few years ago, three, four years ago, no one brought up wholesaling in their agenda. Like it wasn't even a topic of conversations. He's like, the last like two years, I think he said on, it's been brought up every single meeting. It is an item on the agenda every single time. He's like, so it's not. is this going to go and trickle out to other states? It is. It's just how are they going to take,
Starting point is 00:13:54 well, let's say, you know, what South Carolina is doing in other states and implement it to their own, right? Like Tamara mentioned, North Carolina is looking to follow lead. They might literally implement the same exact thing, right? But a lot of other states are sitting on the sidelines watching how is this going to play out, right? Because a turner. are going to pick this apart, right? And they're going to find a way, like we already see how we can do it, right? So it takes time to flush this out. It's not going to happen overnight where all the states are going to all of a sudden have all these strict rules, but just be prepared that it's coming. When? We don't know, but it's going to start going, right? This isn't
Starting point is 00:14:37 stopping this wave, okay? And we as investors, we need to understand and not be fearful of it, but understand how to pivot, how to adjust, how to talk to people that are doing it on a very high level. And I think the first people I would talk to are a lot of attorneys that deal with a lot of wholesalers today as we speak, right? Because they will also try to find a way if it's legal to do it because they don't want to lose that business, right, as long as it's compliant. So let's look at another state that we should, a couple of the states have this. Maryland, Michigan, Minnesota, South Dakota, and Wisconsin limit the number and frequency of real estate transactions before you need a real estate license.
Starting point is 00:15:26 So this is a thing. Many states are now putting this into law. For example, in Michigan, you're limited to four transactions annually before you must have a license. So a lot of states are going in a direction. that if you're going to be doing wholesaling, it won't necessarily be illegal unless you have a license. So a lot of states are choosing to go that route. Okay, you know what? Let's not make it illegal. Like South Carolina kind of try to wipe it out, like, oh, to do wholesaling you need a license,
Starting point is 00:15:57 but when you're licensed, you can't wholesale. So they kind of was like, what? Well, a few other states already have had this for a while where you need to actually get a license when you do X amount of transactions per year, right? You can't market a property without a license if you want to assign a contract. You can only market the rights to assign the contract. Understand this critical difference to stay on the right side of the law. Many wholesales get real estate licenses to avoid potential conflicts or constraints like I just mentioned. And then you got Illinois. Illinois, is it legal there? Yes, and check this one. As noted, a broker in Illinois has been redefined to include anyone who wholesale more than one property in 12-month period. So you can only
Starting point is 00:16:50 do one in 12 months. If you do more than that more than one, you have to get a license. So some are becoming as strict as that, where they literally will only allow you one, right? others have four right um and then there's pennsylvania they've they've been the latest in the news and they're making some significant changes i'm not going to read that what's you know what they're planning on doing but at the end of the day it went through the senate uh and it says that it will require a real estate salesperson license under the real estate licensing and registration act to conduct residential wholesale transactions in the commonwealth blah blah there is actually a lot more they're trying to include in that, not just getting a license. It's pretty strict what they're
Starting point is 00:17:36 trying to implement. I don't want to talk about it necessarily in detail yet because it's now official, but it's now going to the House of Representatives for consideration. So I want to bring it up more from a prospect that, you know what, states are doing this. This is happening. But to answer the question that we brought up on the beginning, is wholesaling becoming illegal? I say the answer is going to be no. It will just have a lot of different hoops we're going to have to jump through. And many investors are going to get out of the business because they might not do the research like we're doing. And they might be too afraid to keep doing it, not realizing that there's a way to do it with the right team, right?
Starting point is 00:18:22 that digs deeper into it, finds in a compliant way of doing it, finds the right attorneys, if you're an attorney state, finds the right title or escrow company, if you're one of those, and you find a way to navigate through it. Because give you an example,
Starting point is 00:18:39 in California, we're allowed to do, you know, wholesaling still, as long as it's disclosed to the seller that, you know, we're planning on doing that for a profit, all that stuff. And that's in most.
Starting point is 00:18:50 You've got to disclose it to the seller what you're planning on. doing and and you technically are allowed to use the the C money to close like so if I'm doing a double close and this is going to might be a little bit technical but if I'm doing a double close on the same day I got an A to B B to C and I can technically use the C money to close on my A to B transaction, so I don't have to actually bring any of my funds to the closing on the A to B. If I would call some escrow companies, they might tell me, we don't do that. We don't want to do that. Some might even say it's not allowed. But my escrow company, they're totally cool with it.
Starting point is 00:19:43 Why? Why would they do it and put themselves on the line if it's illegal? And I know the owner of the escrow company. There's no way that they're doing something that's not legal. The escrow, the escrow company and title companies are regulated like crazy, right? They have audits every year. There's no way he would put himself at risk. But yeah, and they allow it because it's legal. But then you call somebody else and they'll tell you it's illegal and they won't do and they won't use the C money to close on the A to B. So don't call one, what I'm getting at. Don't call one attorney. Don't call one attorney. Don't call one. one title company and get, you know, and, and take their answer as, as truth. They might just not be educated, number one, or they just might not want to take the risk
Starting point is 00:20:31 at all of even trying to look into it. So dig deeper, talk to more people, call more attorneys, call more tighter companies, and you might find out that it's actually quite easy to do, right? That's what I'm getting up. Anything for now you want to add from everything I said, Eric. Yeah, I would say part of why we're seeing this, like, there's good and bad to all of this happening. Like, obviously, it's going to kind of limit the amount of people that can do it. It's going to limit who can wholesale, how you're going to wholesale. It's going to be interesting to see how it goes state by state. But part of the reason this is being done is just a lot of the people that were wholesaling or because it became, I mean, like you said, Randy, you know,
Starting point is 00:21:13 your buddy, you know, they never talked about wholesaling. And then a few years ago, it was mentioned on, you know bigger pockets and other investor forms and it was billed as this you can get into investing without ever spending a dollar of your money and you make tons of money and you have all these people that are on TikTok holding like wads of cash or like all I do is make calls and make 50 grand from my house so the reason this is happening is because there was a lot of bad apples they got into it there is a lot of people that have gone out and done thanks to homeowners that have caused them to bring it to the state level so I see the bad sides of it and I also say that see the good sides of it. Like, if there is some, if there is some, uh, regulation, but also
Starting point is 00:21:56 just like difficulty to wholesale, I think you're going to see a lot of people leave it. It's kind of like what we're seeing with agents right now with the buyer broker agreement. I think it's kind of thin out the people that aren't wanting to do this for a career, take a serious or treat it as a profession, and they just do it kind of on the side. So I guess it's like the one thing I want to add. Like I know most people are seeing this and they're freaked down. They're like, oh, nobody will be able to wholesale, though you'll still be able to wholesale. Every state's going to be different, and that's going to be kind of unique. But there's also the positivity of the people that are wholesaling are likely going to have
Starting point is 00:22:28 to have a license, going to be upheld by state law, going to have, you know, E&O insurance, going to have to be held to a higher standard. So that's actually, to me, a benefit, whoever I'm dealing with I know is going to be held responsible for their actions if they do something that they shouldn't. Who, I want to open that up, actually. Because we have people from different states. Anybody want to speak if you know anything about your state, what's allowed and what might be coming down the pipeline, if anything different? Anyone want to chime in?
Starting point is 00:23:06 Every week now? Well, I see something happening in North Carolina that I really hate, and that is wholesalers getting projects under contract. And then they put it in the MLS and they're actively marketing it and it says not yet owned, you know, owner or something that is not yet owned. And then like, what in the world? And I'm sorry, I see that a lot. And I guess I was never taught to do wholesaling that way, like to market your wholesale in the MLS. Yeah, most, I would say probably most states don't allow that. So, wow. So North Carolina, I guess, allows a wholesaler to list the property on the MLS based on what you're saying because there's no way there. Wow.
Starting point is 00:23:57 That's pretty, pretty lenient if you ask. Yeah. Most don't allow it. So I can see that going away fast, that one, like in the new changes. In Florida, Jim Whitaker, I guess he's. If you could unmute yourself, that would be great, Jim. But are you saying, oh, you can't, okay, so I guess he's seeing something very similar. So, Eric, in Florida, is that allowed? Do you know? Like, can a wholesaler also list a property they don't own just through the interest?
Starting point is 00:24:31 It's not supposed to be, but it does tend to happen. All of our contracts down here are signable. So Florida is very lenient on wholesaling, and I haven't heard anything changing anytime soon. And you would be super surprised at how many people will wholesale a deal and the agent has no clue that they're not the end buyer. Like we had a deal in Port Charlotte that I had a client interested in. He sent it to me. I'm like, dude, it's listed. And it was being shopped as seller financing.
Starting point is 00:25:00 So I was like, you know what? And it was marked pending. So I said, you know what? I'll call the agent and just see. And I brought it up to the agent. She's like, what are you talking about? I'm like, well, you know, this person posted in this group with these seller financing. terms like is that what your seller's agreeing to and she's like that's not public that shouldn't
Starting point is 00:25:17 be public knowledge i'm like it's literally blasted and every investor group on facebook that i belong to and she was livid like she was like he was supposed to be the end buyer like this is ridiculous and it's like so our contracts are assignable and you can get yourself kind of in trouble with that which i know some states do but as of right now they're they're pretty lax on it and how about ohio do you know what is it like there oh i was super lax as well um both of them are uh ohio we haven't had any problems kentucky i know kentucky they're wanting you to be licensed here soon and they are wanting um they're also wanting you like you're supposed to not be able to market a contract uh no advertising a contract so you mean they'll be you mean not market the property or both they don't want
Starting point is 00:26:06 like they're trying to outright just put an end to it like they're they're very not happy kentucky which i'm surprised because it's a little bit more lenient of a state but ohio we're still we haven't had any issues um i've heard of some chatter of possibly requiring a license but nothing as of yet yeah another you know another way that might become a little more common it's a little more work and probably more costly is, you know, when you have basically set up different LLC, right, that you're basically lock up a property in an LLC and then you find the buyer that wants the property, you trans, basically transition ownership. You're selling the owner, the LLC, not necessarily the contract, right? And, and then they become just, you know,
Starting point is 00:27:01 the closing is still with the LLC that was on contract, so nothing was assigned, right? So you stay within the rules, let's call it. And then what really happens is the, the buyer becomes the new owner of that LLC at the day of closing. And you remove yourself from being the owner. And that is for a fee right so they're buying the company which owns which happens to own a property that just closed on it right so that i can see that happening more and more the challenge there is you're going to have to have you know LLC set up often right uh which that's that's not that difficult nowadays there's companies that do it very fast so um so that's another way that I can see that it's going to happen. I saw houses tomorrow I wrote on investor lift
Starting point is 00:27:57 that showed pending on the market in Jacksonville, Florida. So wholesalers are getting on market properties on their contract and selling a contract on investor lift. Okay. I suppose that's allowed by a colon agent like Eric who didn't know about it. Explain what investor lift is for. Investor lift is a website where you can buy. I thought they were off market properties, but they're wholesalers that are marketing their properties to end buyers. And so I found one in Jacksonville that I called about. But I always check them on Zillow and Trulia and all the sites. And I saw that it showed pending.
Starting point is 00:28:38 And of course, the agent phone number was there. So I called the agents. And the agent did not know that the person who had it under contract was a wholesaler. And I was like, oops. Didn't need to spill those beans, but yeah. So it definitely happens. Yeah. They're also doing it in Georgia, too, on Ambassador Lyft.
Starting point is 00:29:01 Because I get properties from Georgia because I'm interested there. So it's going on, but I've seen more of it now in Florida, a lot more in Florida. Like just recently in the past, probably five months. Yeah, this was Monday for me. Yeah. If anybody's ever interested about Florida, really. real estate, the Wild West. That's why I tell everybody, having worked in Ohio and Florida,
Starting point is 00:29:23 like the stuff that we see in Florida is absurd, like 90% of the time. I'm like, I don't even know how you all get away with this. So you see some really sketchy stuff down here. Yeah. Got it. All right. So here is kind of how I would summarize in all of this, right? I would say, you know, having a buyer's list is going to be very important.
Starting point is 00:29:49 it, right? So I think reverse wholesaling is going to really be, you know, something that as an investor, if you're serious about wholesaling, is where a lot of your focus will probably be on the beginning, you know, having people where you basically know exactly what they want. So you're not marketing it anywhere. You're just going straight to that, let's call them your partner, buy a partner in that specific area, right? And then depending on what is allowed or not within that state, you then just have to comply within, you know, can you assign a contract? Can do you need to create an LLC? Like, what are you allowed to do or not, right? In order to fulfill the order for that rehabber, right, for that area, right? So this way, you're not blasting the property anywhere. You're not marketing in Facebook groups. You're not, it's not seen anywhere.
Starting point is 00:30:42 You're making a personal phone call to your partner, right? So that would be a big thing, I believe, going forward. forward, market the contract, not the property is going to be a very common thing you see in the regulations state by state, which I think it's kind of silly, to be honest. I don't understand that fully because, like, you still have to mention the property. So to me, there's a lot of gray area in that concept, right? But, yeah, I don't know how that's going to actually look in theory because I believe that that's the same in Florida and I I see everybody marketing the property normally like no one cares about the fact that you can't do that.
Starting point is 00:31:31 Yeah. Randy, do you guys do you guys have net listings in California at all? Is that like any of the listings you guys can do? No. So there's not that anybody would use it, but there's net listings in Ohio and what it is is you agree to a listing price and then anything above that is your commitment. So if I had somebody that they would be willing to sell their property, like, just give me 300.
Starting point is 00:31:54 I don't care. You can sign. There are listing contracts in Ohio that you can sign. It's in that listing. And anything above 300 is earned as your commission. So like when you were just talking about that, I don't know why. I just popped to my head. Like that would be perfect for somebody who's looking to wholesale.
Starting point is 00:32:10 If you got license and he said, I'm going to get you 300, but I'm also going to go ahead and list it for 340. And if I can get that, then do you a lot? agree. And there's people that I know that have used them. I'm not a fan, but they, they have. Yeah. I mean, if it's legal and the seller is satisfied. I mean, at the end of the day, it just becomes, as long as the seller knows exactly what's happening, right? That's what they're trying to achieve here, is protect the consumer. And there's many, many consumers that will allow that for convenience. Like, there's a reason why houses get sold to investors.
Starting point is 00:32:49 Because it's all about convenience, right? For those sellers. It's not for everybody, right? Yeah. So another point will be, of course, double closing, right? Is the safest like we talked about. Of course, it will cost more money. And then you need to really, really understand your current laws, but you have to keep
Starting point is 00:33:09 an eye on it because they're going to keep changing, right? So stay on top of that. Limit on real estate transactions per year. that's something you're going to probably see that's going to become very common. It's already, I think, in like six states like we mentioned here. License, right, might be necessary. Not a big deal because it's not that difficult to get a license, okay? Now, on this topic, I would say a lot of brokerages might be against it.
Starting point is 00:33:38 So just because you have a license doesn't mean you can go and work with any brokerage, right? You need to interview them and ask them about their wholesale policies because like at XP where I am and many of us are even here, they're constantly, they allow it with approval and each state has their own guidelines, right? So and they keep changing. And I know because I've been on the front lines of wholesaling at XP, we are actually one of the first groups to get approved to do it because they're. They wanted to test it and see how they can roll it out.
Starting point is 00:34:17 Right. So it's constantly changing not only at the state levels, but it's also changing within the brokerage capacity. Some will just say, forget it. We don't want it here. And that is usually the reason is because the E&O insurance they have doesn't cover it. Okay. You might find out that some brokerages won't even allow you to sell your own home as a flipper
Starting point is 00:34:41 because their E&O doesn't cover it. Right. It's all about risk management for brokerages, right? Because the more they allow of these type of activities where risk is higher to have lawsuits, their E&O policy is more expensive, right? So don't be mad at the brokerage. Instead, just interview more and see which one allows it and what are their guidelines. And I would also be weary a bit of the ones that kind of just say, oh, well, you know, We don't care what you do, right? You just, just don't tell us. I don't know. I don't know how I feel about that one, right? So, you know, there's a fine line there. I think the way I would approach it,
Starting point is 00:35:30 especially that it's in the headlines now more than ever, right? That you probably would want to be with a brokerage that has some level of regulation as well, as long as it's nothing too wild and crazy, I guess. As long as it's explained to you why they're doing it, how can you achieve it? And if it feels good, then that's the brokerage you go with, right? But it's like anything else. You need to interview attorneys and title companies, which is one of the points here. You also have to interview several brokerages, right?
Starting point is 00:36:03 Because everyone might say something different, right? So don't go to one and take them their word as truth. Okay. And as you, you know, we mentioned here, usually this will pertain to residential, which is one to four unit properties. So commercial land is excluded, which is semi good news for me because I have a business that sales land. So that doesn't apply to us, which is cool. But that doesn't mean it won't apply in every state. So I have to check, right?
Starting point is 00:36:36 and then the bottom line even if we find ways to do it and someone tells us a certain way to do it like we were just for example told by real estate skills apparently there's a way to do in South Carolina right three different ways you might not find an attorney that we'll be willing to do it right now or a title company because it's too soon they might be like we don't know how this is going to play out we don't know this is a gray area I understand what you you're saying and I agree it sounds like it's legal but I don't want to be the case that gets sued and then I become the the guinea pig for the industry in South Carolina right and get shut down and lose their license so you might have a difficult time for a while right until someone
Starting point is 00:37:28 figure is out and that's who you end up going with from you know from a attorney or title standpoint so these are some of the main things that I take away myself from my own research, from being in a business in California, you know, now having Eric in Florida and Ohio. I live in Florida now too. For more insights and to join the Investor Agent Nation community, visit Investoragentnation.com. If you like this episode, please subscribe to the podcast and leave a five-star rating to help Randy and Eric continue delivering valuable content that resonates with you. Thanks for listening to the Investor Agent Nation podcast.

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