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Legal and Regulatory Pitfalls in Wholesaling

13 minPRO
2/6

Key Takeaways

  • Marketing a property without ownership may constitute unlicensed brokerage in many states.
  • Contract enforceability requires proper disclosures, adequate consideration, and assignment language.
  • Wholesale fees are ordinary income subject to self-employment tax—not capital gains.
  • An LLC provides liability protection, and detailed record-keeping is essential for tax compliance.
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Test Your Knowledge

1.How are wholesale assignment fees classified by the IRS?

2.What risk arises from marketing a property "for sale" without holding title?

3.What entity structure is commonly used for wholesaling liability protection?