Is Wholesaling Real Estate Legal In Oregon? A 2024 Guide For Investors

Are you eager to invest in real estate in Oregon? Wholesaling presents an enticing opportunity, particularly for newcomers, but uncertainty about its legality often holds aspiring investors back. Fear not, because the answer to the burning question, "Is wholesaling real estate legal in Oregon?" is a resounding yes.

Despite persistent doubts, wholesaling is a fully legal strategy in the Beaver State, yet many remain unaware of this fact. In this guide, we debunk misconceptions and explore the legal framework surrounding wholesaling in Oregon. Get ready to unlock the potential of wholesaling as we unravel the legalities and empower you to embark confidently on your real estate journey in Oregon.

• What Do You Need To Know About Wholesaling Houses In Oregon?
• Is Wholesaling Real Estate Legal In Oregon?
• What Are The Wholesaling Laws In Oregon?
• Do You Need A License To Wholesale Real Estate In Oregon?
• Final Thoughts

*Before we begin our guide on whether wholesaling real estate in Oregon is legal, we invite you to view our video on How To Wholesale Real Estate Step by Step (IN 21 DAYS OR LESS)!

Host and CEO of Real Estate Skills, Alex Martinez, provides a comprehensive, step-by-step guide for beginners to start wholesaling real estate!

What Do You Need To Know About Wholesaling Houses In Oregon?

Aspiring investors must establish a solid foundation of knowledge and skills before diving into the Oregon housing market. Understanding local laws and regulations governing real estate transactions is paramount to ensure compliance and avoid legal pitfalls. Familiarity with the nuances of the local market is essential for identifying opportunities and making informed decisions. Additionally, knowledge of various exit strategies enables wholesalers to adapt to changing market conditions and maximize profitability. Building a robust network of industry professionals and learning effective strategies for finding properties are also crucial for success. By honing these skills and acquiring a comprehensive understanding of the Oregon housing market, aspiring wholesalers can position themselves for success in their real estate endeavors.

Once aspiring wholesalers have laid a solid foundation of knowledge about the Oregon housing market, the next step is to ensure they have access to the best information and resources available when asking, "Is wholesaling real estate legal in Oregon?"

One of the most reliable sources of information can be found within the state's largest trade and professional organizations governing real estate. These organizations, affiliated with the National Association of Realtors (NAR), provide invaluable resources, networking opportunities, and educational programs tailored to the specific needs of real estate professionals in Oregon. By tapping into these organizations, aspiring wholesalers can stay updated on market trends, regulatory changes, and best practices, ultimately positioning themselves for success in the dynamic Oregon real estate landscape:

• The Oregon Realtors (OR): Founded in the 1930s to organize Oregon’s real estate market and professionals, the Oregon REALTORS offers its members a variety of benefits, including legal resources, continuing education, networking opportunities, professional development, and industry advocacy.
• The Willamette Association of Realtors (WOAR): The WOAR was formed in the late 1990s when two local real estate boards. The Willamette Association of REALTORS serves over 600 real estate professionals and homeowners in Benton County and Linn County.
• The Rogue Valley Association of Realtors (RVAR): Established in the mid-1920s, the RVAR is a professional organization in Oregon with nearly 1,000 members in Jackson County. RVAR seeks to be a leading advocate and industry voice in Southern Oregon.
• The Klamath County Association of Realtors (KCAR): The Klamath County Association of Realtors is a nonprofit organization that serves real estate professionals in Klamath County. Members are offered professional development opportunities and supportive/educational services, among other things.
• The Central Oregon Association of Realtors (COAR): The COAR is the professional organization that seeks to be the voice of Jefferson, Crook, Harney, and Deschutes counties in Oregon. With more than 400 members, the COAR seeks to build better, sustainable communities while proactively advocating for property rights.
• The Oregon Real Estate Agency (OREA): OREA is responsible for monitoring and managing the state's real estate activities and licenses. Its authorization is found in ORS Chapter 863. This state agency issues two types of real estate sales licenses: a real estate broker (or real estate licensee) and a principal real estate broker responsible for managing the brokerage and licensees. These licenses are renewed every two years and have specific requirements.

All of the agencies listed above help regulate real estate activities in Oregon, which begs the question: What are real estate activities in Oregon? Oregon's real estate activities are defined in OR 696.020- 17 (a-n).

Exemptions To Oregon License Law

Oregon license law offers 29 exemptions to this law. These are found in ORS 696.030 – Exemptions. Among the many exemptions to Oregon license law is provision number 17 in ORS 696.030, which notes that a non-licensed person may transfer/acquire an interest in real estate that is owned or to be owned.

*For in-depth training on real estate investing, Real Estate Skills offers extensive courses to get you ready to make your first investment. Attend our FREE training and gain insider knowledge, expert strategies, and essential skills to make the most of every real estate opportunity that comes your way!

Oregon Real Estate Licensing Reciprocity

If you currently hold a real estate license in another state, you must still meet all of Oregon's licensing requirements to conduct professional real estate activity in Oregon. There are no waivers of education or license examinations available.

However, Oregon has active reciprocal licensing agreements with five jurisdictions:

• Alabama
• Alberta
• Georgia
• Nebraska
• South Dakota

Further, the Oregon Real Estate Agency will potentially issue a temporary license for real estate activities to a spouse or domestic partner of a US military member who is a licensed real estate agent.

A qualifying applicant must:

• Hold an active real estate license in good standing in the same real estate license category in another U.S. state. The license must have been active during the two years preceding the move.
• Complete an application and pay the license application fee.
• Provide a copy of the military orders for the service member stationed in Oregon.
• Furnish certification of an active license from another U.S. state.

Is Wholesaling Real Estate Legal In Oregon?

Yes, wholesaling real estate in Oregon is legal if the wholesaler’s actions remain within the legal boundaries established by Oregon state law. To ensure legality, real estate wholesalers must understand which actions necessitate a real estate broker's license to avoid illegal wholesaling practices in Oregon. By staying within the parameters set by Oregon licensing and state law, wholesaling real estate can be both legal and profitable.

The key lies in managing the transaction in a manner that does not require a real estate license issued by the state; this typically involves assigning the contractual rights to buy a property rather than directly buying or selling the property itself. While most contracts are inherently assignable, modifications may be made to accommodate the specifics of a wholesale deal, such as obtaining the seller’s written approval before assigning.

It's important to note that while investors can sell their equitable interest in the contract, they cannot sell real property directly. Although hiring a real estate attorney for closing is not obligatory, considering the potential implications of real estate transactions, having legal guidance can be a wise decision to navigate the process smoothly and ensure compliance with state laws and regulations.

Read Also: How To Wholesale Real Estate In Oregon: Step-By-Step

What Are The Wholesaling Laws In Oregon?

No specific real estate laws in Oregon related to wholesaling real estate exist. The Oregon real estate statute that sets forth the relevant laws for licensing and activities is ORS 696—Real Estate and Escrow Activities. In fact, ORS 696.030 also notes who is exempt from the real estate license law.

Again, the key to wholesaling real estate in Oregon is for investors and wholesalers to avoid making actions that would require a real estate license. Most importantly, the key to remaining compliant as a real estate wholesaler in Oregon is to avoid selling/marketing/negotiating/assisting in selling real estate.

As a wholesaler, you must sell your only legally permitted asset, which is your equitable interest awarded by the executed contract.

Consequences For Violating Oregon License Law

Under ORS 696.995, these are the civil penalties for violation ­­license law, among others:

Do You Need A License To Wholesale Real Estate In Oregon?

No, real estate wholesalers in Oregon are not required to hold a real estate license if they avoid selling real property and market the only asset they are legally allowed to sell: the equitable interest awarded as the purchaser in the real estate contract.

If they want to avoid unlawful actions, those new to real estate wholesaling should follow these proven strategies and suggestions:

• Real estate deals should be conducted transparently, meaning the wholesaler should disclose their wholesaling intentions. A finely worded purchase agreement is the most straightforward way to remain transparent throughout the wholesale deal.
• Like any successful salesperson, a wholesaler must appropriately manage the seller's expectations.
• A real estate wholesaler’s actions should be managed with integrity and honor.
• A real estate wholesaler should provide disclaimers if required.
• A real estate wholesaler CANNOT market or sell the wholesale properties connected to their equitable interest. They can market/sell the right to purchase real property as defined by the purchase agreement’s terms.

Read Also: Oregon Real Estate Courses Online

Oregon Real Estate Wholesaling Exit Strategies

Real estate wholesalers operating in the Oregon real estate market have several exit strategies from which to choose:

• The Buy & Sell Wholesale Exit Strategy
• The Buy & Assign Wholesale Exit Strategy
• The Double Close Wholesale Exit Strategy—If following a double–closing exit strategy, a real estate wholesaler will complete two closings—often on the same day and even back-to-back. It is noted that this may be the costlier of exit options (with closing costs generated from each closing) but likely offers the most protection against allegations of the violation of license law in Oregon.
• Wholetailing

Read Also: How To Find Off-Market Properties In Oregon

Final Thoughts

Is wholesaling real estate legal in Oregon? Yes, wholesaling properties in Oregon is legal. Not only that, but real estate wholesaling has become a wildly popular real estate investment strategy because of its limited capital requirements and a market characterized by an acceleration in prices. In this appreciating marketplace, wholesaling can be profitable and legal.

Wholesaling real estate allows investors to reduce many of the potential risks associated with flipping houses. The investor is not required to tie up significant amounts of capital for a long time or be dependent on the cost of construction, which may vary over time.

However, like any investment, investors must approach wholesaling with judiciousness, transparency, and awareness of their actions if they are to toe the line of Oregon state law. Wholesalers who have undergone proper training and operate within the legal lines of Oregon law will find tremendous opportunities across the state.

*Disclosure: Real Estate Skills is not a law firm, and the information contained here does not constitute legal advice. You should consult with an attorney before making any legal conclusions. The information presented here is educational in nature. All investments involve risks, and the past performance of an investment, industry, sector, and/or market does not guarantee future returns or results. Investors are responsible for any investment decision they make. Such decisions should be based on an evaluation of their financial situation, investment objectives, risk tolerance, and liquidity needs