North Carolina has no wholesaling statute as of October 2026. Home Pros (Balint Holdings, LLC) read the General Statutes: the broker license rule in G.S. 93A-2 still governs, and House Bill 797, which would have required licensure and a 30-day cancellation right, passed the House 103 to 0 but never left the Senate.
Not legal advice. This is a plain-language reading of North Carolina General Assembly pages as published online on October 13, 2026. Bills move and regulators interpret the statutes, so have a North Carolina real estate attorney review your contract before you market a deal.
What does North Carolina law say about wholesaling today?
The statute is older than the practice. G.S. 93A-2(a) defines a real estate broker as any person or entity who, "for a compensation or valuable consideration or promise thereof," lists, sells, buys, auctions, or "negotiates the purchase or sale or exchange of real estate" for others. The word wholesaling does not appear in the current section.
That leaves investors with a general rule rather than a specific one. If you earn a fee for negotiating a deal between a seller and a buyer, and the house is not yours, you are acting like a broker. If you buy the house, or hold a right to buy it and sell your own position, the analysis changes, but the statute does not draw that line for you.
Until a wholesaling bill becomes law, the license question turns on the broker definition, the exemptions, and how a regulator or court reads your facts.
What happened to House Bill 797?
House Bill 797, titled Residential Property Wholesaling Protection, was filed on April 7, 2025. It cleared the House Housing and Development and Regulatory Reform committees, passed second reading 103 to 0 on April 30, 2025, and passed third reading the same day. The Senate received it on May 1, 2025 and referred it to its Rules and Operations Committee. The bill page shows no later action.
The text of the bill shows what lawmakers wanted. It added a definition of "residential property wholesaling or related transactions" to G.S. 93A-2 covering soliciting a homeowner, marketing or assigning a purchase contract for a fee, and dealing in contracts or options on residential property. It proposed an effective date of October 1, 2025. That date passed without the bill becoming law, so none of it applies to you today.
| HB 797 provision (proposed, not law) | What it would have required |
|---|---|
| Licensure | Wholesaling treated as real estate broker activity |
| Right to cancel | Homeowner could cancel until midnight of the 30th day or until deed conveyance, and could not waive it |
| Contract disclosure | Cancellation notice in at least 14-point font above the homeowner's signature, plus an exact copy of the contract |
| Refunds | Payments refunded within 10 business days of a cancellation notice |
| Enforcement | Per se unfair and deceptive practice under G.S. 75-1.1, enforceable by the Attorney General |
Treat the bill as a signal. A measure that passed the House with no votes against it shows where North Carolina lawmakers want to go, and it can return in a later session in this form or another. Build your contracts as if the cancellation window already exists.
Does the owner exemption cover a wholesaler?
It might cover some structures and not others. G.S. 93A-2(c)(1) exempts a partnership, corporation, limited liability company, or association that, as owner or lessor, performs the brokerage acts with reference to property it owns or leases, when the acts are in the regular course of managing and investing in that property. It extends to officers and employees paid on a W-2, and to the natural-person owners of an exempt closely held business.
The exemption comes with conditions. A person relying on it must disclose in writing to all parties that they are not a licensed broker, which specific exemption applies, and the legal name and physical address of the property owner and of any closely held entity acting as agent. The agent-entity version also requires an annual notice to the Secretary of State and a net worth at least equal to the value of the transaction right after closing.
Notice what the wording turns on: property the entity "owns or leases." A wholesaler holding only a purchase contract may not own the house yet. Whether an equitable interest counts is exactly the question the statute leaves open and HB 797 tried to answer, so get a written opinion from counsel before you rely on it.
What can the Real Estate Commission and courts do?
G.S. 93A-6(a) lets the Commission investigate a licensee, or "any other person or entity who shall assume to act in such capacity," on its own initiative or on any person's complaint. Its disciplinary grounds include willful or negligent misrepresentation, willful or negligent omission of a material fact, and false promises likely to induce a seller to sign. Those are the habits that get investor outreach in trouble.
Separately, G.S. 75-1.1 declares unfair or deceptive acts or practices in or affecting commerce unlawful. A seller who feels misled about value or about who the buyer really is can plead that statute. That is not a wholesaling-specific rule, but it is the one a plaintiff would reach for.
The closing itself is a third exposure. G.S. 84-2.1 defines practicing law to include preparing deeds and mortgages and abstracting or passing upon titles. Do not hand-draft deeds or title opinions for a deal, and read our guide to evaluating a wholesale deal in an attorney-closing state.
How does North Carolina compare with South Carolina?
The two states took different paths. South Carolina put a definition of wholesaling in its Code and barred licensed firms from assisting it; Section 40-57-340 says a brokerage firm and its subagents may not engage in, represent others in, or assist others in wholesaling. Our South Carolina wholesaling law guide walks through that text.
| Question | North Carolina | South Carolina |
|---|---|---|
| Statute names wholesaling? | No, HB 797 stalled in the Senate | Yes, in the Code since 2024 |
| Main license hook | Broker definition, G.S. 93A-2(a) | Broker definition plus a wholesaling definition |
| Licensed agents helping wholesalers | No wholesaling-specific rule | Prohibited for firms and subagents |
| Homeowner cancellation right | Proposed in HB 797, not law | Not in the text we read |
Both states reward the same discipline: own the house, or assign a contract to a buyer you already know, and avoid marketing property you do not control. For the North Carolina foreclosure side of investing, see our upset bid process guide.
What should investors do on a North Carolina deal?
Use the statute and the stalled bill as a checklist.
- Own it or assign it to a known buyer. Close in your own name, or assign the contract directly. Do not advertise a house you only have under contract.
- Disclose in writing. If you rely on an exemption in G.S. 93A-2(c)(1), give the required written disclosure to every party.
- Draft for a 30-day window. Put the cancellation language HB 797 proposed into your seller contract voluntarily. If the bill returns, you are already compliant.
- Be exact about value. Never tell a seller a price or a buyer relationship you cannot prove.
- Use a North Carolina attorney to close. Deeds and title work are legal services.
- Consider a direct cash buyer. If you found a deal and want a clean exit, submit it to Home Pros or browse the marketplace.
Home Pros is a veteran-owned cash buyer based in San Antonio, founded in 2025. We buy houses as-is, pay closing costs, and can close in as little as 7 days. North Carolina sellers can read our North Carolina page, and buyers can see how our cash buyers work. For the mechanics of each exit, see contract assignment explained and double close versus assignment.
Frequently asked questions
Is wholesaling legal in North Carolina?
The General Statutes do not name wholesaling. G.S. 93A-2(a) defines a real estate broker as someone who negotiates a sale for others for compensation, and G.S. 93A-2(c)(1) exempts owners acting on property they own or lease. Whether a given contract assignment fits those lines is a question for a North Carolina attorney.
Did North Carolina pass a wholesaling law in 2025?
Not as of the legislature's bill page on October 13, 2026. House Bill 797 passed the House on April 30, 2025 and was referred to the Senate Rules Committee on May 1, 2025. That is the last recorded action, so the bill has not become law.
What would HB 797 have done?
It would have defined residential property wholesaling as a licensed brokerage activity and given homeowners a 30-day, non-waivable right to cancel. It also required a 14-point cancellation notice above the signature and made violations per se unfair and deceptive trade practices under G.S. 75-1.1.
Does a closely held LLC avoid the license rule in North Carolina?
Only inside the limits of G.S. 93A-2(c)(1). The exemption covers acts on property the entity owns or leases, requires written disclosure to all parties that the person is unlicensed and which exemption applies, and for the agent-entity version requires a net worth at least equal to the transaction value.
Can I advertise a house I only have under contract?
The statutes we read do not give a safe harbor for that, and marketing property you do not own for pay is where the broker definition is most likely to apply. G.S. 93A-6(a)(1) also lets the Commission discipline misrepresentation or omission of material fact. Have counsel review your marketing before it goes out.
Who has to close a North Carolina deal?
The statute does not require an attorney for every closing, but G.S. 84-2.1 defines the practice of law to include preparing deeds and passing on titles, so deed preparation and title work are legal services. North Carolina investors normally route closings through a licensed attorney.
Sources
Statutes and bill pages were read on October 13, 2026. Quoted language is from the sources below.
- N.C.G.S. 93A-2, Definitions and exceptions: the broker definition and the owner and lessor exemption.
- N.C.G.S. 93A-6, Disciplinary action by Commission.
- House Bill 797, Residential Property Wholesaling Protection (2025-2026 Session): history, vote counts, and last action.
- HB 797, Edition 1 text: the proposed definitions, cancellation right, and effective date.
- N.C.G.S. 75-1.1 and N.C.G.S. 84-2.1: unfair trade practices and the definition of practicing law.
Not legal advice. Statutes change and the Real Estate Commission and courts interpret them. Confirm current law with a licensed North Carolina attorney.