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How To Wholesale With A Realtor: 6 Steps (2026)

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How To Wholesale With A Realtor: 6 Steps (2026)
Alex Martinez — Founder & CEO, Real Estate Skills

Written by

Alex Martinez — Founder & CEO, Real Estate Skills. Has wholesaled and flipped houses for over a decade, personally acquiring 33+ residential investment properties.

RZ

Reviewed by

Ryan Zomorodi — Co-Founder & COO, Real Estate Skills. Reviewed and verified the agent compensation structures, state wholesaling rules, and assignment guidance in this guide before publication.

βœ“ Updated βœ“ Fact-Checked πŸ“„ Free Discovery Call Script Inside YouTube Watch on YouTube

Publication history: Originally published August 25, 2022. Updated July 2026 with a rebuilt six-step process, current agent compensation rules following the August 2024 MLS practice changes, a corrected state-law section, a full discovery call script, and an expanded FAQ. Agent compensation structures, state wholesaling rules, and assignment guidance verified by Ryan Zomorodi, Co-Founder & COO of Real Estate Skills.

Wholesaling with a Realtor means partnering with a licensed agent who brings you MLS access, accurate comps, and deal flow while you handle the contract and the assignment. You pay them one of three ways: a seller-paid concession, a cut of your assignment fee, or the listing on the property after your buyer rehabs it. Since August 2024, that compensation has to be agreed in writing before the agent shows you a single property.

πŸ“Œ Wholesaling With A Realtor: Quick Snapshot

 

What It Is

A working partnership where a licensed agent supplies the market data and the deal flow, and you supply the contract, the cash buyer, and the assignment.

 

How The Agent Gets Paid

Three routes: a commission the seller agrees to cover, a negotiated cut of your assignment fee, or the listing agreement on the rehabbed property later. You pick one before the first offer, not after.

 

What Changed

Buyer-agent compensation came off the MLS in August 2024. It is no longer a number you can look up — it is a number you negotiate on every deal, and your agent needs a signed written agreement with you before touring anything.

 

The One Thing

Bring your own cash buyers. An agent's willingness to work with you tracks almost entirely to whether you can actually close, and a real buyer list is the only proof of that you have before your first deal together.

Most wholesalers write off agents after one bad phone call. You pitch a Realtor, get a flat no or a short lecture about how wholesaling isn't really legal, and decide the whole channel is closed. Then you go spend three grand a month on direct mail chasing sellers that same agent could have pointed you at for free.

Here's what was actually happening on that call. The agent wasn't being precious. When a Realtor represents a seller, they owe that seller a duty to disclose material facts about the offer in front of them — including that the buyer intends to resell the contract for a profit. So when you're vague about your intentions, you're not being strategic. You're handing a licensed professional a problem, and the safe answer to a problem is no.

The other half of it is simpler: you gave them no reason to believe you could close, and you never said how they were getting paid. Fix those three things — be direct about what you're doing, show a real buyer list, put compensation in writing — and the conversation goes differently. I've watched it flip more times than I can count.

One more thing before we get into the process. The rules underneath this changed in August 2024, and most of what's written about wholesaling with agents hasn't caught up. Compensation used to be published in the MLS where anyone could see it. It isn't anymore. That single change rewires how you negotiate with an agent, how you calculate your maximum offer, and what paperwork exists before you ever walk a property. We'll cover all of it — and you can download the free wholesaling guide to follow along.

☰ In This GuideJump to section β–Ό
πŸ—“οΈ Update HistoryWhat's changed β–Ό

July 2026: Rebuilt the six-step process around working directly with listing agents. Added current agent compensation rules following the August 2024 MLS practice changes, written buyer agreement requirements, the hierarchy of representation, a full discovery call script, and a corrected state-law section. Removed outdated commission guidance and an unverifiable earnings projection.

March 2026: Added a Realtor partnership checklist, an agent vetting framework, and a common mistakes section.

August 2022: Original publication of the guide to wholesaling real estate with a Realtor.

What Does It Mean To Wholesale With A Realtor?

Wholesaling with a Realtor means a licensed agent supplies the market data and deal flow while you supply the contract, the cash buyer, and the assignment. You stay the buyer on the contract. The agent never takes your place in the deal — they get you to better deals faster, and get paid for it.

Start with what wholesaling is, in one line: you put a property under contract at a price that works for an investor, then sell your right to buy it to a cash buyer for a fee, without ever owning the house. If that part is new to you, read wholesaling real estate for beginners first, then come back — everything below assumes you understand the basic model.

Bringing a Realtor into that changes where your deals come from, not what you do with them. You're still the buyer. You still sign the contract in your own name or your entity's, you still find the cash buyer, and you still collect the assignment fee. What changes is that instead of spending money on direct mail to find a motivated seller, you're working properties that are already listed, already priced, and already attached to a licensed professional who knows the seller's situation.

That professional brings four things you can't easily buy: access to every active listing in your market, comparable sales data good enough to build an offer on, the story behind why the seller is moving, and the credibility of a licensed party standing between you and the other side of the table.

What they don't bring is your business. Your cash buyers are still yours to build. Your numbers are still yours to run. An agent who's handed a wholesaler with no buyers and no analysis isn't a partner — they're being asked to carry someone. Show up with those two things handled and the relationship works from the first call.

How To Wholesale With A Realtor (6 Steps)

Wholesaling with a Realtor takes six steps: build a cash buyer list, find distressed listings and call the listing agents directly, run a discovery call to qualify each deal, analyze it with your agent's compensation priced in, offer with an assignable contract, then assign and close. Most first deals take 30 to 60 days.

Step 1: Build Your Cash Buyer List Before You Talk To Any Agent

Do this first. Not because it's easier, but because it's the only leverage you have in the conversation that comes next.

An agent's real question when you call is whether you can actually close. You have no track record, no closed deals, nothing to point at. What you can have is a list of funded buyers who've told you what they're looking for. That turns "I'm an investor" — which every caller says — into something specific.

And a usable list isn't a hundred email addresses. It's people you've spoken to who've told you their criteria: which zip codes, what property types, bed and bath count, square footage, price range, and what they won't touch. Ten buyers you've talked to beats two hundred you've scraped.

That criteria conversation is what stops you wasting deals later. Here's the sequence that burns beginners: lock up something on acreage out past the edge of town, send it to a hundred buyers, hear nothing back. Those buyers flip three-bed two-bath houses in appreciating zip codes. Nobody was ever going to want a farm, and one phone call beforehand would have said so.

πŸ““ From The Field

The fastest way we've found to reach high-volume cash buyers is what we call the Google Ninja Trick. Put yourself in a seller's shoes and search "sell my house fast [your city]." The companies paying for the top ad positions are spending real money on acquisition every month, which means they're buying volume. Call them and offer to be their boots-on-the-ground source for off-market deals. It takes persistence — expect to work through a number of them before a relationship sticks — but these are the most active buyers in any market, and results vary by how consistently you work it.

Find The Most Active Cash Buyers In Your Market

Don't guess which search terms surface the highest-volume institutional buyers in your area. We've already done that work. Download our free Cash Buyer Keyword Blueprint — the exact copy-and-paste search phrases that reveal the most active buyers in any zip code.

Cash Buyer Keyword Blueprint free download for finding cash buyers

Step 2: Find Distressed Listings, Then Call The Listing Agent Directly

Here's where most people go wrong, and it's worth being blunt about it.

The instinct is to copy the retail model: get yourself a buyer's agent, have them contact listing agents on your behalf. That's how a normal home purchase works, so it feels right.

Don't do it. You've just routed your entire pipeline through one person. There might be dozens of distressed listings in your market worth pursuing right now. Your one buyer's agent has other clients, their own schedule, and no particular urgency about your business. Every deal you might do now depends on how much attention one person can spare you.

Call the listing agents directly instead. Every distressed listing has an agent who controls it — who has the seller's ear, knows the situation, and can tell you what the property actually needs. Call that person, about that property. No middleman between you and whoever is running the deal. Do it across many listings and you're building relationships with a dozen agents at once instead of depending on one.

As for finding the listings: you don't need MLS access to start. Redfin, Zillow, realtor.com and homes.com all pull from the MLS, and they're free. Filter for the markers — extended days on market, price reductions, listing language admitting condition problems, photos that show real work needed.

Get MLS access eventually. There are more active listings on it, comping is easier, and the confidential remarks sometimes state seller motivation outright, which the public sites never show. But treating it as a prerequisite is just a reason not to start. Plenty of investors build real volume off the free sites.

Two other pools worth working alongside active listings. Expired listings mean a seller who tried the normal route and it didn't work — often a more motivated conversation than anything currently on the market, with no competition, because the property isn't in anyone's search results. And how to find distressed properties covers the off-market sources that run in parallel with everything here.

What you're filtering for is consistent across all of them: genuinely distressed condition, a seller with a reason to move quickly, and a property a normal buyer can't finance. If a retail buyer could get a loan on it, you're competing with the whole market and there's no room for your spread.

Step 3: Run The Discovery Call And Qualify The Deal

Call before you analyze. This is the step that saves you the most time and the one beginners skip.

The discovery call is your first conversation with a listing agent about a distressed property. You're finding out whether this is worth an afternoon of your time — before you drive out, photograph it, and build numbers on something the seller was never going to accept.

Two things you're qualifying: is the property or seller genuinely distressed, and is this agent someone who'll work with you. Either answer being no ends it, and you move to the next call.

You're also doing two other things on this call — disclosing what you are, and opening the conversation about how the agent gets paid. Both matter enough that they get their own sections below: how a Realtor gets paid on a wholesale deal, and the full call script, the price sequence, and how to handle an agent who says no.

Step 4: Analyze The Deal With Your Agent's Compensation Priced In

Now you run numbers. Your maximum allowable offer — MAO, the most you can pay and still leave a spread — starts with the after-repair value and works backwards.

After-repair value (ARV) minus your buyer's required discount minus estimated rehab costs minus your assignment fee minus your agent's compensation = your maximum offer.

That last line is the one people forget, and it's the whole difference between doing this with an agent and doing it alone. Whatever your agent is getting paid is a fixed cost, and it belongs in the calculation before you offer — not discovered afterward when it eats your spread.

This is also where the change covered below bites hardest. You can no longer look up buyer-side compensation in the MLS listing. There is no number to find. If you're running your MAO with an assumed 3% in it, you're calculating with a figure nobody has agreed to. Establish it on the discovery call, then use the real number.

πŸ’‘ Worked Example: Where Your Maximum Offer Actually Lands

  1. After-repair value on the property: $290,000.
  2. Your cash buyer wants it at 75% of ARV minus repairs: $217,500.
  3. Estimated rehab: $35,000 — so your buyer's maximum is $182,500.
  4. Your assignment fee: $15,000.
  5. Agent compensation, agreed on the discovery call at a flat $3,000.
  6. Your maximum allowable offer: $164,500.

Offer $170,000 because the agent implied the seller would take it, and you've got a deal your buyer won't touch. You're $5,500 past what the numbers support — and that gap doesn't show up until you're trying to assign it. Figures are illustrative; buyer discounts and repair costs vary by market and property.

One caution on the agent's own valuation. Listen to it, but verify it. Their opinion on what the property will sell for renovated is useful information about how they see the deal and whether they priced the listing realistically — it is not a comp. Run your own numbers against actual sold properties, and do your due diligence before you offer.

Step 5: Offer With An Assignable Contract

Your offer needs to be assignable, or none of this works. You're not buying the house — you're buying the right to buy it, and then selling that right.

The good news is that this is mostly a non-issue, and a lot of investors never pursue on-market deals because they believe otherwise. The assumption that an agent's contract can't be assigned keeps people away from an entire category of deals. As a matter of contract law, purchase agreements are assignable by default unless the contract says they aren't.

So read the contract. Many Realtor forms contain no assignment restriction at all, in which case you attach an assignment addendum and you're done. Some — California's residential purchase agreement is the well-known example — require the seller's written consent, though the language typically says consent can't be unreasonably withheld. That's a step, not a wall. Forms vary by state and get revised, so check the one in front of you rather than assuming.

If the contract does prohibit assignment, you amend it. Any contract term can be changed if every party agrees, and amendments happen in nearly every real estate transaction. This is the thing that clicks for people who haven't closed a deal yet: the contract isn't fixed at signing. Closing date, price, entity — all of it is amendable by agreement.

How you ask matters more than what you're asking. Not: "I'm assigning this to a buyer I found, sign here so I can collect my fee." Instead:

πŸ““ What To Say

"We're excited to move forward on this. My financing partner is bringing the capital, so we'll be closing in their entity — could you sign this amendment so we can update the name and get it over to title? Everything else stays the same and we're on track for our closing date."

Same outcome, completely different reception. It's professional, it's true, and it's a routine request.

Build the protection in while you're at it. An inspection or due diligence period — typically 7–14 days — is what keeps your earnest money deposit refundable while you get your buyer committed. Never sign without one. For the full breakdown of both documents, see our guide to the wholesale real estate contract.

How To Wholesale Real Estate With Realtors (Assigning Contracts)!

Alex Martinez and Ryan Zomorodi break down how to assign a Realtor's purchase contract — why most on-market contracts are assignable by default, and exactly how to amend one that isn't.

How to wholesale real estate with Realtors and assign contracts video walkthrough  

Secure Your Deal With Bulletproof Contracts

When you're wholesaling with a Realtor, a vague or non-assignable contract will kill your deal at the closing table. Download our attorney-drafted Wholesale Real Estate Contracts — the Purchase & Sale Agreement and the Assignment Contract — so every offer you submit is airtight and ready to close.

Download free wholesale real estate contract PDF templates

Step 6: Assign, Close, And Make Sure Everyone Gets Paid

Contract accepted. Now you have your inspection window to get a buyer committed, and you don't leave that to chance.

Send your buyers everything. Beginners email a hundred people a bare address and wait. Send a complete package instead: the address and how to view it, photos beyond what's in the listing if you've been out there, the contract deadline, the earnest money amount, the closing timeframe, any contingencies, and the three numbers that decide it — ARV, estimated repairs, and their purchase price. A buyer should be able to read one email and know whether they want it.

Then call them. The email is not the pitch. Sending to a hundred buyers and hoping is how deals die inside the inspection window. Call your best-fit buyers, walk them through it, and answer what's actually blocking them.

If nobody wants it, it's almost always one of three things. Your numbers are off, usually because you took the agent's word and locked it up too high. It's in an area or property type your buyers don't buy — which the criteria conversation in step 1 would have caught. Or you sent a thin email and never followed up.

Then it closes. You sign the assignment contract with your buyer, both contracts go to the investor-friendly title company, your buyer closes with the seller, and your assignment fee comes to you at closing as a line item on the settlement statement. If you're new to that document, how assignment of contract works covers it in full.

Occasionally an assignment won't be the right exit — the contract can't be assigned and the seller won't amend, or you'd rather not show your spread. In those cases you can double close instead, buying the property and reselling it the same day, usually funded by your end buyer's money through the title company or by a hard money or transactional lender. It costs you two sets of closing costs, so it's worth it when the spread is large enough to absorb them.

And make sure the agent gets paid what you agreed. Whether that's a seller concession, a cut of your fee, or your advocacy for the relist later — deliver it exactly as promised. This is the part that decides whether there's a second deal. An agent who gets paid what they were told, on time, has a reason to call you when the next fixer comes across their desk. That's how one deal becomes a pipeline. If your buyer intends to flip the property, that relist conversation is worth having before closing, not after.

You Know The Six Steps. Now Watch Someone Actually Run Them.

Reading the process and executing it are different things. The gap is everything the steps can't show you — what a real discovery call sounds like when the agent pushes back, how the numbers move when a seller counters, what you say when your buyer goes quiet three days before closing. Our FREE Training walks you through the whole system with real deals, the same one thousands of our students use to close their first one. Watch it today, then go make your first call.

Watch The FREE Training →

How A Realtor Gets Paid On A Wholesale Deal

A Realtor gets paid on a wholesale deal one of three ways: a commission the seller agrees to cover, a negotiated cut of your assignment fee, or the listing on the property after your buyer renovates it. Since August 2024, whichever you choose has to be agreed in writing before they show you anything.

This section explains how compensation generally works and is educational, not legal advice. Agency structures and disclosure requirements vary by state and change over time — confirm the specifics with a licensed real estate attorney or broker in your market.

Start here, because it's the thing most guides on this topic still get wrong: buyer-agent commission is no longer published in the MLS. Before August 2024, a listing broker advertised what they'd pay the agent who brought the buyer, right there in the listing. Your agent could look it up, and you could build it into your numbers before you ever picked up the phone.

That field is gone. As part of the National Association of Realtors antitrust settlement, MLSs had to strip compensation offers entirely. A seller can still agree to cover your agent — it's now usually called a concession — but it's negotiated on each deal and it lives in the purchase contract, not the listing.

For you, that means one habit has to change. You can't look up what your agent earns anymore. You have to ask, and then you have to write it down. If you're running a maximum allowable offer calculation with an assumed 3% buyer-side commission in it, you're calculating with a number nobody has agreed to.

There's a second piece that catches new investors completely off guard. Under the same settlement, an agent working with a buyer has to have a signed written buyer agreement before touring a home — including a live virtual walkthrough. That agreement states what the agent gets paid and says plainly that the fee isn't set by law and is negotiable.

You are the buyer. So before a Realtor walks you through a single distressed listing, there is paperwork. Some states have gone further and written it into their own law — California requires the written agreement before showing any property, and in Texas, failing to use one is grounds for the Texas Real Estate Commission to discipline the license. This isn't a formality your agent might skip if they like you. Their license is attached to it.

The good news: it forces the conversation you should have been having anyway. Most wholesaler-agent relationships fall apart over money that was never discussed. Now it can't be.

What You Sign, And What You Don't

The written agreement an agent needs before showing you property does not have to be exclusive. A single-property agreement satisfies the requirement completely. An exclusive agreement can obligate you to pay commission on deals you sourced yourself — which is the trap worth avoiding.

Here's where wholesalers get hurt, and it's worth slowing down for.

You now have to sign a written agreement before an agent shows you a property. Not optional. But that agreement does not have to be exclusive, and you should not let it be.

The trap looks like this. An agent offers to represent you, hands you a blanket buyer's agreement covering every property you might contract for the next six or twelve months, and then starts forwarding you listings — the same listings sitting on Redfin that you'd have found in ten minutes. Now they're owed a commission on anything you put under contract during that window, whether they sourced it, negotiated it, or ever saw it.

You've paid a finder's fee for things you found yourself. Worse, you've capped how many deals you can work, because every property in that period carries a cost you didn't choose.

The fix is scope, not refusal. The rule can be satisfied by an agreement covering a single property. Refusing to sign anything isn't a move — it just tells the agent you don't know the current rules, and they can't legally show you the house anyway.

πŸ“ Read These Three Things Before You Sign

  • Which properties does this cover? One address, or everything you might buy?
  • How long does it run? One transaction, or months?
  • What triggers the commission? Deals they source, or any deal you close?

A single-property agreement satisfies the requirement fully and leaves you free to work every other listing in your market with whoever's representing it. That's the version you want.

The Three Ways To Pay Your Agent

Structure How It Works Best For
Seller covers it Negotiated as a concession written into the purchase contract Any deal where you can get it — it doesn't come out of your spread
Cut of your fee You pay a flat amount or percentage directly out of your assignment fee Off-market deals where no seller concession exists
The relist Agent takes little or nothing now, lists the property once your buyer finishes the rehab Deals where your end buyer is a flipper and agrees to it

Never assume the first one is there. It used to be a number you could look up; now it's a conversation you have to start.

Whatever you agree on the second one, it's a fixed cost — it goes into your MAO before you offer, not after you get paid.

And the third only works when your end buyer is a flipper, and only when your buyer agrees. You can't promise someone else's listing.

πŸ’‘ Worked Example: What Each Structure Actually Costs You

A property you're buying at $180,000 and assigning at $200,000. Your gross spread is $20,000.

  1. Seller concession: seller covers your agent at 2.5% of $180,000 — $4,500. You keep the full $20,000.
  2. Fee split at a flat $3,000: you keep $17,000.
  3. Future listing: agent takes nothing now, so you keep $20,000. If your buyer resells at $290,000 at a 3% listing commission, your agent earns $8,700 later — nearly triple what the flat fee paid, on your one introduction.

Look at option three again. It's the cheapest for you and the most lucrative for them, which is why experienced investors lead with it. It only works if you deliver, though — an agent promised a listing that never materializes doesn't take your next call. Figures are illustrative; commission rates are negotiable and vary by market.

The Hierarchy Of Representation

Who represents you determines how motivated your agent is to get your offer accepted. Best case, the listing agent represents you too and earns both sides. Where state law prohibits that, a referral to a buyer's agent or your own investor-friendly agent are the next options.

Here's the order to work through, best first.

Tier 1: The Listing Agent Represents You Too

They earn both sides of the deal on one transaction, which makes them genuinely invested in your offer surviving.

And the commissions can stack to three. The listing agent earns the listing side, earns the buyer side by representing you, and then takes the relist when your cash buyer finishes the renovation. One relationship, three paydays, from one investor. Alex's practical note on that third piece: make it flexible — often one to one and a half percent rather than a full commission. It's still money the agent wasn't otherwise getting, and a smaller number now is easier to agree than a larger one later.

This is where state law matters. Dual agency — one agent representing both sides — is illegal in eight states: Alaska, Colorado, Florida, Kansas, Maryland, Texas, Vermont, and Wyoming. Texas and Florida run alternatives that reach a similar place by a different route. A Texas broker takes intermediary status and appoints a separate agent to each side, while Florida defaults to transaction brokerage, a neutral role with no fiduciary duty to either party.

So ask which structure your state uses. Don't ask an agent to "double-end it" in a state where that phrase describes something they can lose their license over. And remember the relist isn't yours to promise — your cash buyer owns the property by then. Frame it as something you'll advocate for, not something you're granting.

Tier 2: The Listing Agent Refers You To A Buyer's Agent

They collect a referral fee — commonly around a quarter of the buyer-side commission — for making an introduction. Less upside for them than Tier 1, but real money for a phone call, and it keeps them warm on your deal.

Tier 3: Your Own Investor-Friendly Buyer's Agent

Someone from your network, a real estate investor association meeting, or a listing agent you built rapport with on an earlier call. Slower to arrange, but this is the relationship that compounds.

Tier 4: You Represent Yourself

If you're licensed, you can reduce or waive your side, which means the seller nets more and your offer looks stronger without you raising your price. Only available with a license, and it comes with disclosure obligations of its own.

One Thing Worth Having Up Front

The Texas Real Estate Commission states its position on wholesaling publicly: a person who contracts to buy real estate and then sells that contractual interest before closing doesn't need a license, as long as they disclose the nature of their interest to potential buyers and don't otherwise perform brokerage activity.

Sit with the condition. The regulator's own answer to "do I need a license" is: not if you disclose. Which reframes every conversation in the next section. Transparency isn't the polite option. It's the thing keeping you on the right side of the line.

Why Some Agents Say No — And What To Say Instead

Agents refuse wholesalers for two reasons: a listing agent owes their seller a duty to disclose material facts about an offer, including that the buyer intends to resell for a profit, and most wholesalers never say how the agent gets paid. Fix both in the first ninety seconds of the call.

You call a Realtor about a beat-up listing, mention you're an investor, and the temperature drops. Most people read that as prejudice. It isn't. It's a licensed professional running into a problem you handed them.

Here's the mechanic. When a Realtor lists a property, they represent the seller, and that carries a duty to disclose material facts about any offer in front of them. Among the things brokers are trained to disclose: the identity of potential purchasers, and a buyer's intention to resell the property for a profit.

Read that again, because it's the whole thing. The moment your agent suspects you're planning to assign, they are obligated to tell their client. If you've been vague about your intentions, you've put them in a position where they either raise it with their seller — which raises questions you haven't answered — or they don't, and risk their license.

Now the second problem. Almost nobody tells the agent how they get paid. So the agent is looking at an unfamiliar buyer, an unclear intention, and no visible compensation. Of course the answer is no. It's the only safe answer available.

Both problems are solved with sentences. Here's the call.

How To Wholesale Real Estate With Agents & What To Say (FREE SCRIPT)!

Alex Martinez walks the discovery call line by line — how to disclose that you're a buyer, the exact price sequence that finds the seller's floor, and how to ask for more deals before you hang up.

How to wholesale real estate with agents and what to say video walkthrough  

Call Before You Analyze, Not After

Alex ran this backwards when he started. Find a promising distressed listing, drive out and photograph it, run the numbers, build the offer — then call the listing agent, only to be told he was nowhere near where the seller would go. Hours gone on a deal that was never a deal, hours that could have gone to calling five more.

Reverse it. The discovery call is a filter, not a closing tool. You're finding out whether the property is worth analyzing before you spend an afternoon on it. Is it actually distressed, or does it just photograph badly? What's the seller's situation? And what price gets it under contract?

If the answer is in your ballpark, you've earned the right to go analyze it. If it isn't, you've lost eight minutes instead of a day.

The Discovery Call, Question By Question

Alex calls this a discovery call — the first conversation with a listing agent on a distressed property you want to pursue. Sometimes five minutes, sometimes twenty-five. The length doesn't matter; whether you actually connect does.

Before the script, one thing that puts you ahead of most of your competition: call, don't text. Most investors email or text listing agents and never speak to a human. If four people text and you phone, you're already the only one having a conversation. Everything below depends on being in one.

Open By Naming What You Are

πŸ““ What To Say

"Hey, this is [name] with [company]. I wanted to ask about your listing on [street] — did I catch you at a bad time? … Great. First off, I'm a buyer, not an agent. Would you be open to representing me on this by any chance?"

That's two sentences doing enormous work. You've disclosed you're a principal buyer rather than a licensee, and you've opened the door to them earning both sides. Where dual agency isn't permitted, the same question still works — you're asking whether they can represent you, and they'll tell you what structure their state uses.

Find Out What's Actually Happening

Ask the seller's reason for selling. Ask what they'd call the property's overall condition. Ask about major issues — structural, foundation, wiring, slab — the things that don't show in listing photos and that decide whether this is cosmetic or a project.

Then ask about the competition: how many calls has the property had, how many offers, are they homeowner offers or investor offers, and are they representing anyone else on this one? An agent who tells you you're the only buyer they're working with has just told you where this deal belongs in your pipeline.

The ARV Question, And The Tell Inside It

Ask what the home would be worth in its best possible condition, fully renovated.

Then treat the answer carefully. An agent who could reliably call investment numbers probably wouldn't be listing houses on the MLS. But the answer is diagnostic either way. If they say it needs $50,000 of work and would sell at $500,000 — and it's currently listed at $500,000 — they've told you they listed it far above market. You now know you have room, and they don't know they told you.

The Price Sequence

This is the most valuable exchange in the call, and it escalates. Ask them in order.

πŸ““ The Four Questions

  1. "What price do I need to come in at today to get this under contract?"
  2. "How flexible is that price?"
  3. "Is the seller willing to accept offers lower than that?"
  4. And if they say they can't tell you: "Could you give me a ballpark range?"

Watch how it moves: they open at 450. Flexibility gets you to 425. The third question gets you 400 — and 400 is the actual floor, which you now know before writing anything.

Question three matters most and almost nobody asks it. Notice too that none of these are yes-or-no questions. "How flexible is that" can't be answered with no. You're testing how much the number moves, and the agent frequently walks it down without you naming a figure.

Some agents will say they can't discuss price. Fine. In practice a lot of them tell you anyway, and plenty more will hint — and a hint is enough to beat someone offering blind. The ballpark fallback usually lands even when the direct question doesn't.

One thing to keep straight: list price is a starting point, not a number. A property listed at $400,000 does not have to go under contract at $400,000. Alex has had deals under contract $100,000 below list. That's not typical and outcomes vary — but if you treat the list price as fixed, you'll never find out what was actually available.

Ask What Terms The Seller Wants

A ten-day close instead of fourteen. A thirty-day close because they haven't found anywhere to go. A fast close with a leaseback so they can stay a month. Terms are where you win deals without raising your price, and you can't offer what you don't know about.

Ask For More Deals Before You Hang Up

πŸ““ What To Say

"Do you know of any other fixer-type properties we should be looking at? Anything you're listing, or that isn't on the market yet? We're looking to buy several more this month and I'd love to have you represent me on each one."

This is how one call becomes five. Agents know about listings before they're listed. An agent listing a fixer today will list another one — and you want to be the call they make.

Close Without Making An Offer

Don't quote a number on a call where you haven't run the property. Amateurs throw out a price and then walk it back, and walking it back costs you the relationship.

πŸ““ What To Say

"I'm not going to come in with a random number. I'll run this properly with my team and come back to you with something justified. Sound good?"

Then follow up. Expect it to take more than one call. If offers are being reviewed Thursday at 2pm, you call Wednesday and again Thursday morning, and each time you ask what your offer needs to look like to stand out. The deals are in the follow-up.

When An Agent Is Short With You

It happens, and beginners take it as a verdict on themselves. It usually isn't. That agent is having a day you know nothing about.

Two things to hold onto. There are over a million licensed agents in the US and dozens of distressed listings in your market right now — if one conversation goes badly, the next call is right there. And an agent who was curt on Tuesday may be perfectly happy to talk on Thursday, so a follow-up costs you nothing.

The subtler version is tone, not temperament. An agent in New York being blunt and fast isn't being rude — that's how business gets done there, and someone calling from a slower market can badly misread it. Match their register. If they only want to talk numbers, talk numbers. Adjusting to how the other person communicates isn't a trick, it's just paying attention.

One Reframe Worth Carrying

Every one of these questions treats the agent as someone whose situation matters, not an obstacle between you and a property. That's not softness. A listing agent with a distressed seller today has a network of distressed sellers, and they'll list another fixer next month. Whether they call you first is decided in this conversation.

Get The Full Discovery Call Script

The first phone call decides whether an agent works with you or writes you off. Download our free Discovery Call Script — the exact questions, in the exact order, that we use to qualify deals and build agent relationships that keep producing.

Free discovery call script for wholesaling with real estate agents

How To Find & Vet An Investor-Friendly Agent

The best source of investor-friendly agents is the listing agents you already called about distressed properties. An agent who lists fixers has a pipeline of distressed sellers and will list more. Vet them on whether they've handled an assignment before, whether they have their own cash buyers, and whether they can name how they want to be paid.

Most advice on this says to go find an investor-friendly agent — networking events, referrals, investor groups. That works, slowly. There's a faster source sitting in front of you.

The agents you've already called. If you're working step 2 properly, you're calling listing agents on distressed properties every week. Some of those calls go well. Those agents just proved three things at once: they take investor calls, they're comfortable with a below-market offer, and — this is the part people miss — they have a seller who chose them to list a distressed property.

Think about what that means. A homeowner with a beat-up house picked that agent. They'll pick them again, and so will the next one. An agent listing a fixer today will list another one in three months, and you want to be the call they make before it hits the market.

So the question isn't where to find agents. It's which of the ones you're already talking to deserve a real relationship.

Where Else To Look

  • Sold listings in your target area. Pull up distressed properties that recently sold in the zip codes you work and look at who represented the buyer. An agent who's closed investor purchases has done this before and likely has more investors in their contacts.
  • Real estate investor associations. In-person REIA meetings are where investor-friendly agents go specifically to meet investors. Lower volume than cold-calling listings, higher hit rate per conversation.
  • Referrals from listing agents. When a listing agent can't represent you, ask who they'd send you to. They earn a referral fee, so they have a reason to answer, and the person they name is pre-vetted by someone who knows the market.

How To Recognize One Worth Keeping

You don't need a formal interview. Four things surface naturally in a normal conversation.

What To Ask A Good Answer A Warning Sign
Have you handled a transaction where the buyer assigned before closing? They can describe one — the property, the buyer, how it closed "What do you mean by assigned?" — not disqualifying, but it's a learning project
Who have you closed investor deals with recently? They name two or three types — flippers, landlords, a builder "I can find buyers once we have a property" — they have none
How would you want to be compensated on a deal like this? They immediately name a structure and explain why they prefer it "Whatever works for you" — nobody who's done this is indifferent
Could you handle a 14-day close? They reference their title company and their buyer pipeline Anything about lender timelines — they're thinking about financed buyers

The compensation question is the real tell. An agent who's worked with wholesalers before will tell you immediately which structure they prefer and why. An agent who says "whatever works for you" has no frame of reference, because nobody who's actually done this is indifferent about how they get paid.

Before You Work A Deal Together

Once an agent is becoming a repeat partner rather than a one-listing contact, get these settled. Every one of them prevents a specific failure.

πŸ“ Settle These Before The First Offer

  • Compensation, in writing. Not optional anymore — an agent representing you needs a signed agreement before showing you property. Make sure it's scoped the way you want it.
  • Scope of the agreement. Per-property, or blanket? Term length? What triggers commission? Read it before you sign it.
  • Assignment language confirmed. They've looked at the contract you intend to use and confirmed it works in your state.
  • Your MAO math shared. They understand how you arrive at an offer, including that their compensation is a line in it. An agent who doesn't know why your offers look low will fight you on every one.
  • Written deal criteria. Property type, price range, zip codes, condition, days-on-market threshold. Without it you get random listings.
  • Your buyer list stays yours. They can add to it. They should never be the only source of it.
  • State rules checked. What your state requires for marketing and assigning, especially on MLS-listed property. Ambiguity means a call to a local attorney, not a guess.

The rule: an agent who doesn't understand your business model isn't a partner, they're a liability. Settle this before the first offer, not after the first problem.

Educational only, not legal advice. Representation agreements and agency disclosure requirements vary by state — have a licensed professional or attorney review anything you're asked to sign.

How To Wholesale A House Listed On The MLS

You wholesale an MLS-listed house the same way as an off-market deal, with two differences: you negotiate through the listing agent instead of the seller, and you need an assignable contract or an amendment. Target listings with 45+ days on market and at least one price reduction.

There's a belief that on-market deals don't work for wholesaling — too expensive, too competitive, contracts you can't assign. It keeps a lot of investors away from an entire category of deals, and it's mostly wrong.

The assignability half is covered in step 5: contracts are assignable by default unless they say otherwise, and the ones that say otherwise can be amended. The pricing half is worth taking on directly.

List price is a starting point, not a number. A house listed at $400,000 does not have to go under contract at $400,000. Alex has taken deals under contract $100,000 below list — not typical, and outcomes vary, but it happens because list price reflects what a seller hoped for on the day they listed. Sixty days and two price cuts later, that hope has usually adjusted.

Wholesaling Houses Listed With Agents (TOP 5 HACKS)!

Alex Martinez answers five questions from our coaching clients on wholesaling MLS-listed houses — including why you shouldn't sign an exclusive buyer's agent agreement, and how to get price expectations before you analyze anything.

Wholesaling houses listed with real estate agents video walkthrough  

The Buy Zones: Which Listings Are Actually Workable

Not every distressed listing is a deal. Two signals do most of the sorting, and they're both visible before you call.

Days on market. A listing that's been sitting 45+ days has told you something. In a market where good properties move in two weeks, seven weeks on market means the price is wrong for the condition, and everyone involved knows it by now — including the seller, who has had seven weeks to adjust their expectations.

Price reduction history. One reduction says the seller is willing to move. Two or more says they're motivated and the agent has been having realistic conversations with them. A listing with no reductions after 60 days often means a seller who isn't ready — that's a follow-up in a month, not an offer today.

Put them together and you get a rough ranking.

Priority What The Listing Looks Like What To Do
Best 45+ days on market, two or more price cuts, condition problems visible in the photos Call today
Worth calling 45+ days on market, one price cut Call this week
Follow up later 45+ days on market, no reductions The seller isn't there yet — check back in a month
Skip Fresh listing, no reductions, priced near comps Nothing to work with yet

Expired listings are the other pool worth working. A listing that expired without selling means a seller who tried the normal route and it didn't work. Expired 90+ days is often a more motivated conversation than anything currently active — and there's no competition, because the property isn't on anyone's search results.

What The MLS Gives You That Free Sites Don't

You can run all of this from Redfin, Zillow, realtor.com, or homes.com. They pull from the MLS and they show days on market and price history. Start there.

Two things push you toward real MLS access eventually. There are more active listings on it than the syndicated sites show. And the confidential remarks — the agent-only notes on a listing — sometimes state the seller's motivation outright. Relocation, divorce, estate sale, needs to close by a date. That never appears on the public sites, and it's exactly the information that shapes your offer.

On Competition

Be realistic about this. MLS listings are visible to everyone, so you're not the only investor calling. That's the tradeoff for not spending money on marketing.

What separates you isn't finding the listing first. It's the conversation. Most investors text or email the listing agent and never speak to a human. If four people email and you call — and you ask the questions above, and you follow up on the day offers are reviewed — you're the only one the agent actually knows. On a distressed listing where the seller wants certainty over a slightly higher number, that matters more than being first.

And the deals are in the follow-up. Offers get rejected. The seller takes something else and it falls through three weeks later, and the agent calls the person who stayed in touch. Expect two calls minimum on anything worth having.

Realtor vs. Wholesaler: Who Does What

A Realtor represents someone else's transaction and earns a commission for it, which requires a license and creates fiduciary duties to their client. A wholesaler is a principal buying for their own account and needs no license, provided they disclose their interest and don't perform brokerage activity.

These two roles get confused constantly, and the confusion causes real problems — it's behind most of the "is wholesaling even legal" anxiety and behind a lot of the friction on that first phone call.

The line is who you're acting for.

A Realtor acts for someone else. They represent a buyer or a seller in a transaction that isn't theirs, they're paid a commission for that representation, and because they hold a license they owe their client fiduciary duties — loyalty, disclosure, confidentiality, care. Some go on to become a real estate broker, which requires additional experience and licensing. And a Realtor specifically is an agent who belongs to the National Association of Realtors and agrees to follow its code of ethics — every Realtor is a licensed agent, but not every agent is a Realtor.

A wholesaler acts for themselves. You sign a purchase agreement in your own name or your entity's. You are the buyer. You're not representing anyone, you're not earning a commission, and you have no fiduciary duty to the seller. What you have is your own contractual position, which you can sell.

That's the whole distinction, and it's why the licensing answer comes out the way it does. A license is for representing other people's deals. It isn't required to be a principal in your own.

The Texas Real Estate Commission states this plainly: a person who contracts to buy real estate and sells that contractual interest before closing doesn't need a license, as long as they disclose the nature of their interest to potential buyers and don't otherwise engage in brokerage activity.

Note the condition, because it's the whole thing. Disclosure is what keeps you a principal instead of an unlicensed broker. Cross that line — market the property rather than your contract, act as though you're representing the seller, collect something that functions as a commission — and the exemption stops applying. A handful of states have narrowed it further, which the state rules section below covers.

  Realtor / Agent Wholesaler
Acting for Someone else's transaction Their own account
License Required Not required in most states, if you disclose
Paid by Commission on the sale Assignment fee — the spread on their contract
Duties owed Fiduciary duties to their client No fiduciary duty; must deal honestly and disclose
What they sell A service Their contractual position
Takes title? No No — on an assignment
Regulated by State real estate commission Contract law, plus state wholesaling rules where they exist

Why This Matters On The Phone

When you call a listing agent, you're not a smaller version of them. You're the other side of the transaction — the buyer.

Saying it that way removes most of the tension. "I'm a buyer, not an agent" tells them you're a principal, that you're not competing for their commission, and that you're not asking them to do something outside their license. And because you've said it up front, the disclosure obligation running underneath the whole conversation is already satisfied.

Pros & Cons Of Wholesaling With A Realtor

Working with a Realtor gets you MLS access, accurate comps, and deal flow without marketing spend. The costs are real: compensation comes out of your spread, agent relationships take time to build, and depending on one agent for your buyer list puts your business on someone else's foundation.

The Case For It

  • You stop paying for leads. Direct mail, cold calling, and PPC all cost money before they produce anything. MLS listings are already there, already have an agent attached, and cost you a phone call. For someone starting without a marketing budget, this is the cheapest deal flow available.
  • You get accurate numbers. An agent can pull sold comps you can't see properly on free sites, and knows which neighborhoods are actually appreciating. Your ARV is the number your entire deal hangs on. Getting it from someone who values property for a living beats guessing off Zillow.
  • You get the story behind the listing. Confidential remarks, why the seller is moving, whether there have been offers, what the seller actually needs. Information that never appears in public data and that shapes what you offer.
  • You get a professional buffer. An agent handles negotiation and paperwork daily. When a conversation gets tense, having a licensed professional in the middle keeps it moving.
  • It compounds. An agent who lists one fixer lists more. Get this right with three or four agents and you have a pipeline that doesn't depend on you spending anything.

The Case Against

  • It costs you spread. However the agent gets paid, it's a real cost on a deal with a finite margin. On a $15,000 assignment fee, a $3,000 agent cost is a fifth of your profit. That's often worth it — but it's not free, and pretending otherwise is how people end up surprised at closing.
  • Building the relationships takes time. Agents and wholesalers have a mixed history, and some agents have been burned by someone who couldn't close. You'll spend calls proving you're not that person before anything comes back. Budget weeks, not days.
  • On-market means competition. Everyone can see MLS listings. You'll lose deals to investors who offer more, and some listings won't work at any price you can pay.
  • You inherit their pace. An agent with eight other clients responds when they can. If a seller needs an answer today and your agent is at a closing, you wait.
  • The dependency risk is the one that actually hurts. If your buyer list lives in your agent's contacts and the relationship ends, you're at zero with no pipeline. Build your own list in parallel, always. Let them add to it. Never let them be it.

So Is It Worth It?

For most people starting out, yes — with a condition.

Working with agents is the cheapest way into deal flow when you don't have a marketing budget, and the relationships compound in a way paid leads don't. But it works when you bring something real: your own buyers, your own numbers, and a compensation agreement settled up front. Show up with none of those and you're asking a busy professional to carry you, which is exactly the wholesaler they've learned to avoid.

Here's the honest version of who this is wrong for. If you have no cash buyers and no intention of building a list, don't start here — you'll waste agents' time, damage your name in a small local market, and word travels. If your market is genuinely competitive and every distressed listing draws ten offers, off-market may be a better use of your effort. And if you can't be transparent about assigning, stay away entirely, because that's where people get into real trouble.

Either way, the wider tradeoffs of the strategy itself — taxes, income type, dependence on cash buyers — matter as much as the agent question when you're deciding how to build a real estate business.

Common Mistakes When Wholesaling With A Realtor

The five mistakes that kill wholesaler-Realtor partnerships: never explaining your model, hiding that you plan to assign, leaving compensation unagreed, depending on your agent for cash buyers, and assuming your state's rules match everyone else's.

1. Never Explaining How Your Model Works

Most agents have never been part of an assignment. They're trained on traditional closings, where a buyer buys and keeps the house.

If you assume your agent knows what an assignment fee is, why your offer looks so far below list, or what happens between contract and closing, you'll get an agent who either kills the deal out of confusion or quietly stops answering.

Walk them through it once, early. What an assignment clause does, why your offer prices are what they are, what closing looks like. Ten minutes up front saves weeks.

2. Hiding That You Plan To Assign

This is the one that ends careers in a market.

The temptation is to present as a cash buyer who intends to close and keep the property, because it sounds stronger. It's a bad trade. If a listing agent finds out mid-escrow that you never intended to close yourself — and they will — the deal collapses, and in a business where agents talk constantly, your name goes with it.

Transparency isn't just the ethical option here — it's the legal one. The exemption that lets you wholesale without a license depends on disclosing the nature of your interest. Concealing it doesn't make you a better negotiator. It moves you toward acting as an unlicensed broker.

The strong version is simply true: "I'm a buyer, not an agent. I work with cash investors and I may assign this contract before closing. My buyer can close in fourteen days." That's a credible offer, not a confession.

3. Leaving Compensation Unagreed

Nothing poisons an agent relationship faster than a fight over money after closing.

Since August 2024 this is partly handled for you — an agent representing you needs a written agreement before showing you property, and it has to state their compensation. But that only covers the case where they represent you. If they're the listing agent and you're unrepresented, or if the arrangement involves a future listing, none of that is automatic.

Settle it before the first offer: the amount or percentage, which transaction it applies to, and who pays it. Then put it in your MAO before you offer. A compensation cost discovered after you're under contract comes straight out of your spread.

4. Depending On Your Agent For Your Cash Buyers

An agent can introduce you to investors, and that's genuinely valuable. But if your entire buyer list lives in their contacts, you've built on someone else's foundation.

Partnerships end — someone moves, changes brokerages, gets busy. If yours ending means you have no buyers, you didn't have a business, you had an arrangement.

Build your list in parallel from day one. Your own outreach, your own conversations, your own records of what each buyer wants.

5. Assuming Your State's Rules Match Everyone Else's

Wholesaling is legal across the country, but a handful of states have added rules about how — disclosure requirements, marketing limits, and in a couple of cases licensing thresholds. They differ, and they've been changing.

Two things worth knowing before you rely on what you've read elsewhere.

Michigan comes up constantly on this list, and it's usually described wrong. The rule people cite is a longstanding provision of the Michigan Occupational Code — dating to 1980, not a recent change — that requires a broker license to engage in real estate sales as a principal vocation, with more than five sales in a twelve-month period as one of the tests. It isn't a wholesaling statute and it isn't new. Worth understanding if you're doing volume in Michigan; not evidence that the state recently cracked down.

And a widely repeated claim about North Carolina is wrong. More on that in the next section, because it's the clearest example of why you check the primary source instead of the fifth blog post.

The move: know your own state's current rules, use a contract built for wholesaling there, and have a local attorney look at your approach before your first deal. Your agent can flag compliance issues too — one of the underrated benefits of having a licensed professional involved.

This section explains general practices, not legal advice. Wholesaling laws vary by state and change over time — always confirm current requirements with a licensed real estate attorney in your market before doing a deal.

Do You Need A Realtor To Wholesale?

No. You can wholesale without ever involving a Realtor, and most wholesalers start that way with off-market deals. An agent gives you MLS access, comps, and deal flow without marketing spend — useful, not required. You also don't need a license yourself.

You don't need an agent, and you don't need a license.

Most wholesalers start off-market — direct mail, driving neighborhoods, cold calling — and never involve an agent on their first several deals. That works. It costs money and time instead of a share of your spread, and some people prefer that trade.

What an agent gives you is a shortcut to deal flow you'd otherwise pay to generate. If you have no marketing budget, that's a real advantage. If you have a budget and a working off-market pipeline, it's optional.

If you're a licensed agent yourself, wholesaling is available to you and comes with genuine advantages — direct MLS access, credibility with sellers, and the option to represent yourself and waive your side to strengthen an offer. It also comes with obligations that don't apply to unlicensed investors: disclosure of your licensee status, and the question of how your fiduciary duties interact with acting as a principal in your own deal. That's a different set of questions than this article covers.

How Agents Benefit From Wholesale Deals

Agents earn on wholesale deals through a seller-paid concession, a cut of the wholesaler's assignment fee, or the listing after renovation — and these can stack. The larger benefit is access to investors who transact several times a year rather than once a decade.

If you're an agent reading this because a wholesaler approached you, here's the honest version.

The money, three ways. Covered in detail above — a concession the seller agrees to pay, a negotiated share of the wholesaler's fee, or the listing agreement once the end buyer finishes renovating. Where your state permits you to work both sides, they stack: you earn the listing side, the buyer side, and the relist. Three commissions from one investor relationship.

The relist is usually negotiated at a reduced rate — often one to one and a half percent rather than a full listing commission. It's still a commission you weren't otherwise getting, on a property you already know.

It's faster than a retail sale. A traditional listing runs 30 to 90 days to closing. A wholesale assignment with a cash buyer can close in 7 to 14. Same commission structure, shorter cycle.

But the compounding is the real argument. A retail client buys a house and disappears for a decade. A flipper closes several deals a year, every year. Each one is a purchase, and each finished renovation is a potential listing. One wholesaler relationship plugs you into a network of people who transact constantly.

Agents who've come at this thinking the per-deal commission looks small often find the picture different a year in — the wholesale deals were the introduction, and the renovated listings were where the money was. If you want a sense of the numbers on either side, we've broken down what wholesalers actually earn and house flipping income separately.

πŸ“ Three Questions To Ask Any Wholesaler Who Approaches You

  • How do you calculate your maximum offer — and is my compensation in it? If it isn't, it will come out of somewhere later.
  • Who are your cash buyers, and have you closed with them? A wholesaler without buyers is asking you to find them.
  • How do you want to structure my payment? An investor who's done this has an answer ready.

An investor who can answer all three has done this before. One who can't is asking you to carry them.

Check Your State's Rules First

Wholesaling is legal in all 50 states, and no state has banned it. Several regulate how you do it — disclosure requirements, marketing limits, and in Illinois a hard transaction cap. Rules have changed repeatedly since 2024, and much of what's published about them is out of date.

Educational only, not legal advice. Wholesaling laws vary by state and change frequently — verify current requirements with a licensed real estate attorney in your market before entering any contract.

Nobody has outlawed wholesaling. What's happened over the past few years is that a handful of states have added rules about how — mostly requiring you to tell the seller you intend to assign, limiting how you market a property you don't own, and in a couple of cases setting licensing thresholds.

That's not a ban. It's a compliance list. The wholesalers who get into trouble are the ones who market properties they don't own and stay vague with sellers about what they're doing.

A Widely Repeated Claim That Is Wrong

πŸ“ North Carolina Does Not Require A License To Wholesale

Search whether North Carolina requires a license and you'll find, repeatedly, that it does — House Bill 797, effective October 1, 2025, making residential wholesaling brokerage activity and giving sellers a 30-day cancellation right. That bill never became law.

Here's the actual record from the General Assembly's own bill history for House Bill 797: it passed the House 103–0 on April 30, 2025, moved to the Senate, passed first reading on May 1, and was referred to the Committee on Rules and Operations that same day. That referral is the last recorded action — no committee vote, no floor vote, no ratification, no signature.

The October 1 date was conditional on an enactment that hasn't happened. But the bill isn't dead either — North Carolina runs a two-year session, so it can still move, and it passed the House unanimously. If you work in North Carolina, you're operating under existing law and you should be watching this bill.

Why does everyone say otherwise? Because in mid-2025 a lot of investor blogs and industry sites reported the effective date as settled fact while the bill was still moving, and never went back to correct it. The error propagated, and it's still propagating.

That's worth internalizing beyond North Carolina. On a topic where the rules change yearly and most coverage is written by people selling something, the primary source is the legislature's own site. Check it — including against this article, which has a publication date like everything else.

Where The Rules Genuinely Have Changed

Current as of 2026. Verify before you rely on any of it.

State What Applies
Oklahoma SB 1075, effective November 1, 2025. Written disclosure to the homeowner before any contract is signed, stating your intent to sell your interest for more than you're paying and recommending independent legal advice. Two business days to cancel without penalty, using a form the Oklahoma Real Estate Commission publishes. No acting as the homeowner's advisor, no claiming credentials you don't hold, no liens on the property. Earnest money held in an Oklahoma FDIC-insured bank. Miss a required element and the contract is unenforceable.
Illinois The strictest transaction cap in the country. Under 225 ILCS 454, as amended by Public Act 101-0357, a "pattern of business" dealing in real estate contracts is defined as two or more occasions in any twelve-month period — and that makes you a broker requiring a license. One deal per rolling twelve months without one.
Texas A disclosure state, not a licensing state. You must give written notice that you hold an equitable interest rather than legal title. TREC's published position is that wholesaling doesn't require a license provided you disclose the nature of your interest and don't otherwise perform brokerage activity.
Ohio, Maryland & Connecticut Each has added disclosure or registration requirements in recent sessions. Confirm current details before working in any of them.
Michigan Often listed as a recent crackdown. It isn't. The relevant provision dates to 1980 and concerns selling real estate as a principal vocation, with more than five sales in twelve months as one test. Relevant at volume, not a new restriction.

What To Actually Do

Three things before your first deal in any state:

  1. Check your own state's current rules — the real estate commission's site, not a blog roundup.
  2. Use a contract built for wholesaling there, with assignment language that works under that state's forms.
  3. Have a local real estate attorney review your approach before the first deal, not after the first problem.

If you're working with an agent, they're a genuine asset here — a licensed professional has continuing education on their own state's rules and will flag a compliance problem before it becomes one.

For the full picture, see our state-by-state wholesaling legality guide.

Wholesaling With A Realtor FAQs

How do you wholesale with a Realtor?+
You build a cash buyer list, find distressed listings, and call the listing agents directly rather than routing everything through one buyer's agent. On each call you disclose that you're a buyer rather than an agent, ask what price gets the property under contract, and agree how the agent gets paid. You then offer with an assignable contract, assign to your cash buyer, and close. Most first deals take 30 to 60 days.
Do you need a Realtor to wholesale real estate?+
No. You can wholesale entirely off-market without ever involving an agent, and most wholesalers start that way. A Realtor gives you MLS access, accurate comps, and deal flow without marketing spend, which is a real advantage if you have no budget. It is useful, not required. You also do not need a real estate license yourself to wholesale in most states.
How does a Realtor get paid on a wholesale deal?+
Three ways. The seller can agree to cover their commission as a concession in the purchase contract. You can pay them a negotiated flat fee or percentage out of your assignment fee. Or they can take the listing on the property after your cash buyer finishes renovating it. Where state law allows an agent to work both sides, these can stack, so one relationship produces multiple commissions.
Is buyer's agent commission still shown on the MLS?+
No. Since August 2024, offers of buyer-agent compensation cannot be published on the MLS, and MLSs had to remove those fields entirely under the NAR settlement. A seller can still agree to cover a buyer's agent as a negotiated concession, but it now lives in the purchase contract rather than the listing. You cannot look the number up, so you have to ask for it and get it in writing.
Do I have to sign a buyer's agreement to work with a Realtor?+
Yes, if that agent is going to show you a property. Since August 2024, an agent working with a buyer must have a signed written agreement before touring a home, including a live virtual tour. That agreement has to state their compensation and confirm the fee is negotiable. It does not have to be exclusive. A single-property agreement satisfies the requirement, and that is usually the version a wholesaler wants.
Should I sign an exclusive buyer's agent agreement?+
Generally no. An exclusive agreement can obligate you to pay commission on any property you put under contract during its term, including deals you sourced yourself. Some agents will have you sign one and then forward listings you could have found on Redfin in ten minutes. Sign a per-property agreement instead, and check three things before you do: which properties it covers, how long it runs, and what triggers the commission.
What is the difference between a Realtor and a wholesaler?+
A Realtor represents someone else's transaction and earns a commission for it, which requires a license and creates fiduciary duties to their client. A wholesaler is a principal buying for their own account, earns a spread on their own contract rather than a commission, and owes no fiduciary duty. That distinction is why a license is required for one and not the other.
Can you wholesale a house listed on the MLS?+
Yes. You negotiate through the listing agent rather than directly with the seller, and you need a contract you can assign. Target listings with 45 or more days on market and at least one price reduction, since those sellers have usually adjusted their expectations. List price is a starting point, not a fixed number.
What if the Realtor's contract is not assignable?+
Most are. Purchase agreements are assignable by default unless the contract says otherwise, so read the one in front of you. Some forms, including California's residential purchase agreement, require the seller's written consent, though the language usually says consent cannot be unreasonably withheld. If a contract does prohibit assignment, all parties can sign an amendment allowing you to close in a different entity. Amendments happen in nearly every real estate transaction.
Should I tell the listing agent I plan to assign the contract?+
Yes. Disclosure is what keeps you a principal buyer rather than an unlicensed broker, and the licensing exemption in most states depends on it. It also removes the real reason many agents refuse wholesalers. A listing agent owes their seller a duty to disclose material facts about an offer, including a buyer's intention to resell for profit. Saying it up front solves their problem instead of creating one.
Do you need a license to wholesale real estate?+
In most states, no. You are acting as a principal in your own deal rather than representing someone else's transaction. The Texas Real Estate Commission states that wholesaling does not require a license as long as you disclose the nature of your interest to potential buyers and do not otherwise engage in brokerage activity. Illinois is the notable exception, capping unlicensed wholesalers at one deal per rolling twelve-month period.
Does North Carolina require a license to wholesale?+
No. House Bill 797 would have made residential wholesaling a licensed brokerage activity effective October 1, 2025, and it is widely reported as law. It is not. The bill passed the House on April 30, 2025 and was referred to the Senate Rules Committee on May 1, where it has had no further action. Because North Carolina runs a two-year session, the bill could still move, so check the General Assembly's record before relying on any article.
How much does it cost to work with a Realtor on a wholesale deal?+
It depends on the structure you agree. A seller-paid concession costs you nothing directly. A split from your assignment fee is whatever you negotiate, commonly a flat few thousand dollars per deal. A future listing costs you nothing up front. Whatever you agree becomes a fixed cost that belongs in your maximum allowable offer calculation before you make an offer, not after.

Final Thoughts On How To Wholesale With A Realtor

Wholesaling with a Realtor is not a hack or a workaround. It's the same business you'd run off-market, with a licensed professional supplying the two things that are hardest to buy when you're starting: deal flow and accurate numbers.

What makes it work is unglamorous. Bring your own cash buyers so you're not asking anyone to carry you. Be direct about what you are on the first call, because the disclosure that feels risky is the thing that keeps you legal and solves the agent's problem at the same time. Agree how they get paid before you make an offer, and put their compensation in your numbers. Then deliver what you said you'd deliver.

That last part is where the business actually gets built. An agent who lists one distressed property will list another. If you closed cleanly and they got paid what you promised, you're the call they make next time — usually before the listing goes live. Three or four of those relationships and you have a pipeline that costs you nothing to maintain.

A word on what's changed. The mechanics underneath this shifted in August 2024, and most of what's published on the subject still describes the old world. Compensation is no longer posted in the MLS. Written agreements now come before showings. And the legal landscape moves faster than the articles covering it — as North Carolina demonstrates, plenty of what you'll read confidently stated is simply wrong. Check the primary source. Check it for this article too.

Your next step is one phone call. Open Redfin or the MLS, filter your market for listings 45 or more days old with at least one price reduction, and pick the one that looks worst in the photos. Find the listing agent's number. Call and ask what price gets it under contract today, and whether they'd be open to representing you.

You're not making an offer. You're finding out whether it's worth analyzing — and starting a relationship that might outlast the deal. That's the whole thing, and it starts with a call most of your competition won't make.

Most People Read About This. A Few Go Do It.

You now know more about wholesaling with agents than most investors who've been at it a year — how they get paid, why they say no, what the rules actually are. Knowing it and building a business on it are two different things, and the difference is having a proven process instead of guessing your way through the first few deals. Our FREE Training gives you that system, the same one our students use to close consistently and scale. Watch it today, then go make the call.

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Alex Martinez, Founder & CEO of Real Estate Skills

About The Author

Alex Martinez

Founder & CEO, Real Estate Skills

Alex Martinez is the Founder and CEO of Real Estate Skills. With more than a decade of investing experience and 33+ residential properties acquired, he has personally wholesaled and flipped houses across the country — including deals sourced directly from the MLS in partnership with licensed real estate agents. Through Real Estate Skills, Alex and his team have helped thousands of students learn how to find deals, work with agents, and close profitable real estate transactions.

Real Estate Skills is not a law firm, and the information in this article is provided for educational purposes only — it does not constitute legal, tax, or financial advice. Wholesaling laws, licensing requirements, and real estate agency rules vary by state and change over time. Real estate investing carries risk, and past results do not guarantee future outcomes. Always consult a licensed real estate attorney and your own tax and financial advisors before entering into any contract or transaction.

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