Is wholesaling legal in Indiana?
Quick answer
Yes, wholesaling is legal in Indiana, and no license is required simply to buy and assign your own contract. Since July 1, 2024, however, Indiana regulates how unlicensed investors approach homeowners. House Enrolled Act 1068 (P.L. 47-2024) created IC 32-21-16.5, which covers solicitations by unlicensed persons to buy or sell a residential single-family home. Every such solicitation must contain the sentence 'This solicitation is not from a licensed real estate professional' and give the solicitor's legal name, plus the expected purchaser's legal name if different. Written solicitations need the disclosure legible and in plain sight; spoken ones need it stated clearly and audibly. A violation is a deceptive act under the Deceptive Consumer Sales Act, enforced by the Attorney General. General brokerage law still applies, so acting as an agent for others for compensation requires an Indiana license. Claims about additional 2026 Indiana wholesaling bills could not be corroborated.
Indiana at a glance
- Status
- Wholesaling-specific rules
- License required to wholesale?
- No wholesaler-specific license; disclosure rules apply
- Seller cancellation / disclosure rights?
- Yes — see seller protections
- Key law
- IC 32-21-16.5 (effective Jul 1, 2024)
- Regulator
- Indiana Real Estate Commission (Indiana Professional Licensing Agency); solicitation disclosures enforced by the Indiana Attorney General
- Transfer tax
- Indiana does not impose a state real estate transfer tax. Instead, a $20 sales disclosure filing fee is paid to the county auditor under IC 6-1.1-5.5-4, alongside standard recording fees.
- Closings
- Every Indiana deed for valuable consideration must be accompanied by a Sales Disclosure Form (State Form 46021); the county auditor will not accept a conveyance without a complete form, which also identifies the title company that handled the closing.
- Last reviewed
- Nov 6, 2026
What Indiana requires from wholesalers
- Include the exact disclosure 'This solicitation is not from a licensed real estate professional.' in every solicitation for a single-family home
- Include your legal name and, if different, the expected purchaser's legal name
- Written solicitations: disclosure must be legible and in plain sight; oral solicitations: stated clearly and audibly
- Do not act as an agent for others for compensation without an Indiana license
How to wholesale legally in Indiana: step by step
- 1
Add the exact sentence 'This solicitation is not from a licensed real estate professional.' to every letter, postcard, text, email and web form aimed at single-family homeowners. Paraphrases are risky; copy the statutory wording.
- 2
Identify yourself by legal name in each solicitation. If a different person or entity is expected to buy, such as your end buyer or a partner company, include that party's legal name as well.
- 3
Train anyone making calls or door knocks to state the disclosure out loud, clearly and audibly, at the start of the conversation, and keep call scripts that show the disclosure is part of the standard opening.
- 4
Keep your role as a principal. Contract to buy and assign your interest, and do not represent sellers or buyers for compensation unless you hold an Indiana broker license and work under a managing broker.
- 5
Prepare the Sales Disclosure Form with the title company. Each deed needs a complete State Form 46021 and the $20 filing fee, so a double close means two forms and two fees.
- 6
Review IC 32-21-16.5's definitions with counsel, particularly whether a buyer who takes title through a double close still counts as a 'solicitor' for the disclosure requirement. Get that answer in writing before you drop the disclosure from any double-close marketing.
Seller protections and penalties in Indiana
- Mandatory unlicensed-solicitor disclosure on solicitations (IC 32-21-16.5-4)
Penalties: A violation is a deceptive act under the Indiana Deceptive Consumer Sales Act (IC 24-5-0.5), enforceable by the Attorney General.
Assignment vs. double close in Indiana
Indiana's 2024 law regulates solicitations rather than the closing structure, so the disclosure duty applies whether you assign or double close; what matters is how you contacted the seller. With an assignment, your buyer replaces you on the contract and a single deed is recorded with one Sales Disclosure Form. Your fee is visible on the settlement statement, so a seller who received a compliant solicitation and a clear assignment clause is less likely to object. A double close produces two deeds, each needing its own Sales Disclosure Form and $20 auditor fee, plus two sets of title and recording charges. Because Indiana has no state transfer tax, the incremental cost of a second closing is modest compared with neighboring Illinois. Double closing also keeps the end buyer's price private from the original seller. Either way, the earlier statutory definitions should be checked, because whether a party who intends to take title is treated as a solicitor has not been confirmed.
Transfer tax: Indiana does not impose a state real estate transfer tax. Instead, a $20 sales disclosure filing fee is paid to the county auditor under IC 6-1.1-5.5-4, alongside standard recording fees.
Closings: Every Indiana deed for valuable consideration must be accompanied by a Sales Disclosure Form (State Form 46021); the county auditor will not accept a conveyance without a complete form, which also identifies the title company that handled the closing.
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 Indiana
- Mailing or texting single-family homeowners without the exact statutory disclosure sentence; each noncompliant solicitation can be treated as a deceptive act enforceable by the Attorney General.
- Omitting the expected purchaser's legal name when your end buyer or another entity, not you, is the party likely to take title.
- Cold callers who skip or mumble the oral disclosure; the statute requires it to be stated clearly and audibly.
- Relying on blog claims of a mandatory two-day rescission right or new 2026 Indiana bills, none of which have been verified against statute text.
Recent changes to Indiana wholesaling law
HEA 1068 takes effect
Signed 2024-03-11; created IC 32-21-16.5 requiring disclosures in solicitations by unlicensed solicitors for single-family homes.
Real estate licensing in Indiana
Real estate licensing in Indiana is overseen by Indiana Real Estate Commission (Indiana Professional Licensing Agency); solicitation disclosures enforced by the Indiana Attorney General.
Indiana broker applicants complete a 90-hour pre-licensing course from a Commission-approved provider, pass the state exam within one year of finishing the course, and must affiliate with a managing broker to activate the license.
Running the numbers on a Indiana 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 Indiana 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 Indiana investor loans or our end-buyer financing guide.
Indiana wholesaling FAQ
Is wholesaling legal in Indiana?
Yes. Indiana does not prohibit wholesaling or require a wholesaler license. Since July 1, 2024, IC 32-21-16.5 requires unlicensed persons who solicit the purchase or sale of a single-family home to include a specific disclosure and their legal name. Acting as an agent for others for compensation still requires a real estate license.
What disclosure do Indiana wholesalers have to include?
Each solicitation must state: 'This solicitation is not from a licensed real estate professional.' It must also give your legal name and, if someone else is expected to buy, that purchaser's legal name. In writing the disclosure must be legible and in plain sight; in conversation it must be said clearly and audibly.
Do you need a license to wholesale in Indiana?
No license is needed to contract for a home and assign your own contract. If you want to represent sellers or buyers, you need an Indiana broker license, which requires a 90-hour pre-licensing course, the state exam and affiliation with a managing broker. Many investors stay unlicensed and wholesale only as principals.
What happens if I violate Indiana's wholesaler solicitation law?
A violation of IC 32-21-16.5 is a deceptive act under the Indiana Deceptive Consumer Sales Act, IC 24-5-0.5. The Attorney General enforces it. Because each mailer or call is a separate solicitation, a single template error repeated across a campaign can create many violations. Keep proof of every template used.
Does Indiana have a real estate transfer tax?
No. Indiana does not charge a state transfer tax on deeds. Buyers and sellers instead file a Sales Disclosure Form with the county auditor and pay a $20 filing fee, plus recording charges. On a double close you file a form and pay the fee for each deed.
Does Indiana's law apply to rentals or commercial property?
The 2024 disclosure law is written around solicitations to buy or sell a residential single-family home. Whether a duplex, land or mixed-use property is covered depends on the chapter's definitions, so review IC 32-21-16.5 before assuming a property is excluded. General consumer protection and brokerage laws apply regardless of property type.
Statutes, rules and sources
IC 32-21-16.5
Solicitation of Real Estate Sale or Purchase by an Unlicensed Real Estate Solicitor (HEA 1068, P.L. 47-2024)
Effective Jul 1, 2024Read the text
- Justia - IC 32-21-16.5-4 (2025)
- HEA 1068 (2024) enrolled text
- Deal Run - Indiana HEA 1068 compliance guide
- IC 6-1.1-5.5-4 Sales disclosure form fee (Justia)
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 Indiana real estate attorney before you contract.