Is Wholesaling Legal in Georgia? Laws & Rules (2026)

Is wholesaling legal in Georgia?

Quick answer

Georgia's brokerage license law (O.C.G.A. Title 43, Ch. 40) has no wholesaling-specific provision. Assigning a purchase contract is generally treated as permissible, but marketing the property itself for others may be unlicensed brokerage. Since 2024, unsolicited written offers to buy real property from unlicensed senders must carry prescribed notices (O.C.G.A. 10-1-393.19). SB 485 (2026), which as introduced included a seller disclosure for assignable contracts, was enacted as Act 514, but it is not confirmed that the wholesaler section survived the final version.

Yes. Wholesaling is legal in Georgia, and the state has no license or registration aimed specifically at wholesalers. What it does have is the general brokerage law in O.C.G.A. Title 43, Chapter 40, enforced by the Georgia Real Estate Commission, plus a consumer-protection statute that dictates how unlicensed buyers must word unsolicited purchase offers. Assigning your own purchase contract is generally treated as permissible; marketing the house itself on an owner's behalf can cross into unlicensed brokerage. The mailer rule, O.C.G.A. 10-1-393.19, has applied since 2024 and requires prominent notices at the top of written solicitations. One open question hangs over 2026: SB 485, enacted as Act 514 and effective July 1, 2026, included a seller disclosure for assignable contracts when it was introduced, but it has not been confirmed that the wholesaler section survived the final version. Until that is settled, treat a written assignment disclosure as standard practice rather than an optional courtesy.

We're still confirming some details for Georgia against the enacted text. Check the statutes and sources below before relying on this summary.

Georgia at a glance

Status: General license law
License required to wholesale?: Not for wholesaling as such; general license law applies
Seller cancellation / disclosure rights?: Yes — see seller protections
Key law: O.C.G.A. 43-40-1 et seq.
Regulator: Georgia Real Estate Commission & Appraisers Board (GREC)
Transfer tax: Georgia's state transfer tax (O.C.G.A. 48-6-1) is $1 for the first $1,000 of price plus 10 cents per additional $100, about $1 per $1,000. By statute the seller is liable, though contracts frequently shift it to the buyer.
Closings: Georgia is widely described as an attorney-closing state: residential closings are customarily run by a closing attorney rather than a title or escrow officer.
Last reviewed: Nov 6, 2026

What Georgia requires from wholesalers

Market only your contract/equitable interest; do not advertise or negotiate the property on the owner's behalf without a license
Unsolicited written purchase inquiries/mailers by unlicensed persons must include the statutory notice (e.g. 'THIS IS A SOLICITATION', no obligation to respond), set apart at the top
If the mailer includes a dollar offer, add the capitalized fair-market-value notice; add the 'less than county assessed value' notice when applicable
Best practice: disclose in writing to the seller that the contract may be assigned (this was the SB 485 proposal)

How to wholesale legally in Georgia: step by step

1
Rewrite your direct-mail templates first. Under O.C.G.A. 10-1-393.19, an unlicensed sender's unsolicited written offer to buy real property must carry the statutory notice, such as 'THIS IS A SOLICITATION' and a no-obligation statement, set apart at the top of the piece.
2
If a letter or postcard names a dollar figure, add the capitalized fair-market-value notice the statute requires, and add the 'less than county assessed value' notice whenever your number falls below the assessment. Keep a dated copy of every template you mail.
3
Sign the seller to a purchase contract that expressly permits assignment, and give the seller a separate written disclosure that you may assign the contract or resell to another buyer. SB 485 proposed exactly this disclosure, so adopting it now costs little.
4
Market only your contract position. Describe what you are selling as an assignable purchase contract or equitable interest, and avoid language that suggests you represent the owner, list the property or negotiate on the seller's behalf without a GREC license.
5
Bring the closing attorney in early. Send the executed contract and assignment so the attorney can order title, prepare the settlement statement and flag any problem with how the assignment fee will be shown to the parties.
6
Before each campaign or new contract form, check whether the enrolled text of Act 514 (SB 485) kept the wholesaler disclosure. If it did, Georgia becomes a disclosure-required state from July 1, 2026, and your paperwork should follow the statute's wording.

Seller protections and penalties in Georgia

Statutory notices on unsolicited purchase offers from unlicensed senders (O.C.G.A. 10-1-393.19)

Penalties: Violations of 10-1-393.19 are a misdemeanor and give a civil remedy (multiple of actual damages or a per-violation minimum); unlicensed brokerage is subject to GREC sanctions.

Assignment vs. double close in Georgia

Most Georgia wholesalers assign. The end buyer steps into your contract, and the closing attorney records one deed from the original seller, so the state transfer tax of roughly $1 per $1,000 is calculated once on the contract price. Because attorneys conduct the closing, your assignment agreement and fee will be visible to the person preparing the settlement statement, and sellers can learn the spread; disclosing assignment up front avoids a dispute at the table. A double close means you take title and immediately resell, producing two deeds, two attorney closings and two transfer-tax events. Since Georgia places the tax on the seller unless the contract says otherwise, you become the liable party on the second deed. The advantages are privacy of your margin and fewer brokerage questions, since you are selling property you own. The costs are a second set of attorney and recording fees and the need to fund the first purchase.

Transfer tax: Georgia's state transfer tax (O.C.G.A. 48-6-1) is $1 for the first $1,000 of price plus 10 cents per additional $100, about $1 per $1,000. By statute the seller is liable, though contracts frequently shift it to the buyer.

Closings: Georgia is widely described as an attorney-closing state: residential closings are customarily run by a closing attorney rather than a title or escrow officer.

Compare your net both ways with the double close calculator. If you double close, transactional funding can cover the A-to-B purchase.

Compliance mistakes to avoid in Georgia

Mailing unsolicited purchase offers without the 10-1-393.19 notices; violations are a misdemeanor and give sellers a civil remedy, so one noncompliant template can multiply exposure across a whole campaign.
Advertising the house itself, with photos and a price, as if you were listing it, which can be treated as unlicensed brokerage subject to GREC sanctions.
Assuming SB 485's wholesaler disclosure died without checking the enrolled Act 514; if it survived, contracts signed after July 1, 2026 without it may be noncompliant.
Hiding the assignment from the seller until the closing attorney's settlement statement reveals it, inviting a refusal to close or a complaint.

Recent changes to Georgia wholesaling law

May 11, 2026
SB 485 enacted as Act 514 (effective 2026-07-01)
Senate version included a written seller disclosure for anyone marketing property under an assignable contract and GREC consent cease-and-desist authority; the Legislative Counsel's enacted-law summary mentions only nail-technician ID provisions, so whether the wholesaler section survived the House substitute is unverified.
2024
Amendments to O.C.G.A. 10-1-393.19
Unsolicited-offer notice statute amended by 2024 Ga. Laws 549 and 701; exact changes not verified.
Jan 1, 2024
Unsolicited purchase-offer notice law
2023 Ga. Laws 78 added notice requirements for unsolicited written offers to buy real property by persons not licensed under Title 43 Ch. 40/41.

Bills to watch

SB 485 (2026)
Wholesaler written disclosure that the contract may be assigned / property will be marketed to others.
Status: Bill passed and signed (Act 514, eff. 2026-07-01); final inclusion of wholesaler provision unverified

Real estate licensing in Georgia

Real estate licensing in Georgia is overseen by Georgia Real Estate Commission & Appraisers Board (GREC).

A Georgia salesperson license requires a 75-hour prelicense course from a GREC-approved school, a proctored course final and the state exam; new licensees must finish a 25-hour post-license course in their first year or the license lapses.

Running the numbers on a Georgia deal

Compliance is half the job; pricing is the other half. Use the wholesale MAO calculator to work backward from your end buyer's costs, estimate value with the ARV calculator, budget repairs with the rehab cost estimator, and sanity-check with the 70% rule. New to the math? Start with how to calculate MAO.

Most Georgia end buyers use a lender. Jaken Finance Group funds fix-and-flips up to 100% of total cost on qualified deals, typically in 7–10 business days on a complete file — see Georgia investor loans or our end-buyer financing guide.

Georgia wholesaling FAQ

Is wholesaling legal in Georgia in 2026?

Yes. Georgia has no statute that bans wholesaling or requires a special wholesaler license. You may assign your own purchase contract, but marketing the property itself for someone else can be unlicensed brokerage under O.C.G.A. Title 43, Chapter 40. Unsolicited written offers must also carry the notices required by O.C.G.A. 10-1-393.19.

Do you need a real estate license to wholesale in Georgia?

Not to assign your own contract. A license becomes necessary when you act for others, such as advertising or negotiating the sale of an owner's property for compensation. Staying on the principal side, where you sell only the equitable interest you hold under your purchase contract, is the usual way unlicensed Georgia wholesalers avoid brokerage problems.

What has to be on a 'we buy houses' letter in Georgia?

If you are not licensed, an unsolicited written offer to buy real property must include the statutory notice set apart at the top, identifying it as a solicitation and stating the owner has no obligation to respond. A dollar offer requires an added fair-market-value notice, and an offer under county assessed value requires a further notice. Check the statute's exact wording before printing.

Did Georgia pass a wholesaling law in 2026?

Possibly. SB 485 was enacted as Act 514, effective July 1, 2026. As introduced, it required a written seller disclosure from anyone marketing property under an assignable contract and gave GREC cease-and-desist authority. The Legislative Counsel's summary of the enacted law does not mention that section, so whether it survived is unconfirmed. Read the enrolled act before relying on either answer.

Who pays transfer tax on a Georgia wholesale deal?

The statute makes the seller liable for Georgia's transfer tax, about $1 per $1,000 of price, though purchase contracts often shift it to the buyer. On an assignment there is one deed and one tax. On a double close there are two deeds, and you are the seller on the second, so plan for that cost.

Do I need an attorney to close a wholesale deal in Georgia?

In practice, yes. Georgia is generally treated as an attorney-closing state, and residential closings are customarily handled by a real estate attorney. That attorney will review your assignment or double-close structure, so clean, well-drafted paperwork and early communication make it more likely the file closes on schedule.

What are the penalties for violating Georgia's solicitation law?

A violation of O.C.G.A. 10-1-393.19 is a misdemeanor and also gives the recipient a civil remedy, measured as a multiple of actual damages or a per-violation minimum. The exact multiplier should be confirmed in the current statute. Separately, unlicensed brokerage activity can draw sanctions from the Georgia Real Estate Commission.

Statutes, rules and sources

O.C.G.A. 43-40-1 et seq.
Brokerage Relationships / Real Estate License law (GREC)
O.C.G.A. 10-1-393.19
Requirements of unsolicited inquiries relating to the sale of real estate (Fair Business Practices Act)
Effective Jan 1, 2024Read the text

Last reviewed Nov 6, 2026. This page summarizes public sources for general information and isn't legal advice. Local rules may also apply — confirm with a licensed Georgia real estate attorney before you contract.

Georgia real estate wholesaling laws (2026)