Wholesaling is Brokerage – BEWARE!
Sale of Equitable Interests in Real Estate Clarified
Governor Abbott Has Signed SB 2212
SB 2212 amends Chapter 1101 to codify the clarifying changes to TREC rules regarding sale of certain equitable interests in real property.
Just like the rule, this statutory change clarifies that a person selling or offering to sell an option or assigning an interest in a contract to purchase real property must accurately disclose to potential buyers the nature of the interest offered. If a person offers a property for sale when the person does not own the property, that person is engaged in brokerage and must be licensed to do so. This is the current law.
If a person offers to sell an option or assign an interest in a contract on a property, the person must accurately describe the interest being offered. The same requirement for accuracy is added in the Property Code. The practice of “wholesaling” remains legal if these “truth in advertising” rules are adhered to.
If your are a UN-Licensed wholesaler you are breaking the law and have been with every assignment or contract you have sold, look out you could easily be liable for any past transactions! If you have not found an expert REAL ESTATE BROKER who understands this and can help you stay in business you can call E-Team Austin Realty Today! 512-554-8554. If you are about to or thinking of buying from a wholesaler STOP! It is imperative you call us before you find yourself on the hook for a home without the proper disclosures and notices. Call and ask for Michael @ 512-554-8554