Is wholesaling legal in New Hampshire?
Quick answer
Yes, wholesaling is legal in New Hampshire, and there is no statute or Real Estate Commission rule written specifically for it. The Real Estate Practice Act, RSA 331-A, requires a license for brokerage activity performed for others for compensation, so the usual principal-only approach applies: you contract to buy, then sell your contract interest without representing the owner. The legislature did amend RSA 331-A in 2026, but HB 1110, effective June 2, 2026, dealt with exams, inactive status and continuing education, not wholesaling. No wholesaling bill was found in the 2025–2026 sessions. One online aggregator claims a June 2026 'S.B. 201' made wholesaling a licensed service; it could not be verified and appears to be a copy error. What sets New Hampshire apart is its transfer tax, charged to both buyer and seller, which makes the choice between assignment and double close unusually costly to get wrong.
New Hampshire at a glance
- Status
- General license law
- License required to wholesale?
- Not for wholesaling as such; general license law applies
- Seller cancellation / disclosure rights?
- No wholesaling-specific right found
- Key law
- RSA 331-A
- Regulator
- New Hampshire Real Estate Commission, Office of Professional Licensure and Certification (OPLC)
- Transfer tax
- New Hampshire's real estate transfer tax under RSA 78-B is $0.75 per $100 of price or consideration charged to the buyer and $0.75 per $100 charged to the seller, for a combined $1.50 per $100; a $20 minimum applies to each party when the consideration is $4,000 or less.
- Last reviewed
- Nov 6, 2026
What New Hampshire requires from wholesalers
- Contract as principal and market only your contract interest, not the house itself
- Do not list, advertise, or negotiate property for an owner, or take a commission, without an RSA 331-A license
- Use an assignable purchase agreement and disclose assignment intent to the seller
How to wholesale legally in New Hampshire: step by step
- 1
Sign as the buyer with an assignable agreement. Put the purchase agreement in your name or your entity's and include express assignment language. Your position under RSA 331-A is that of a principal selling your own contract interest, not an agent selling the owner's property.
- 2
Disclose assignment intent up front. New Hampshire has no wholesaling disclosure statute, but telling the seller in writing that you may assign the agreement is the standard safeguard and helps prevent disputes when a different buyer appears at the closing table.
- 3
Market only what you hold. Present your offering to buyers as an assignment of a purchase agreement. Do not list, advertise or negotiate the property for the owner or take a commission; that is brokerage requiring an RSA 331-A license.
- 4
Model the transfer tax before choosing an exit. New Hampshire charges $0.75 per $100 to the buyer and $0.75 per $100 to the seller on each transfer. Taking title yourself means paying the buyer's share going in and the seller's share going out.
- 5
Verify legal claims on official sites. Online sources have reported a New Hampshire wholesaling law that does not appear to exist. Check the General Court's website and the OPLC Real Estate Commission's laws and rules page before changing your practices based on a blog post.
- 6
Confirm the closing agent's role early. Sources disagree on whether New Hampshire requires an attorney at residential closings, and practice varies. Ask the title company or attorney handling the file how they treat assignments and two-step closings before you sign up an end buyer.
Seller protections and penalties in New Hampshire
Penalties: Unlicensed brokerage is subject to Real Estate Commission / OPLC enforcement and penalties under RSA 331-A.
Assignment vs. double close in New Hampshire
New Hampshire is one of the clearest cases where the transfer tax steers the exit. RSA 78-B charges $0.75 per $100 to each side of a transfer. With an assignment, there is one deed: the original seller pays its share and your end buyer pays its share, and you are not a party to the deed. In a double close, you are the buyer on the first deed and the seller on the second, so you pay both halves of the round trip. Buying at $300,000 and reselling at $330,000 would cost you $2,250 on the purchase plus $2,475 on the resale, $4,725 in transfer tax before title or closing fees. That can consume a large share of a modest spread. A double close still has uses, for example when an end buyer will not accept an assignment, but price it accurately. Ask the closing agent how the tax will be calculated on an assigned agreement. On licensing, neither route changes the RSA 331-A rule: acting for the owner for compensation requires a license.
Transfer tax: New Hampshire's real estate transfer tax under RSA 78-B is $0.75 per $100 of price or consideration charged to the buyer and $0.75 per $100 charged to the seller, for a combined $1.50 per $100; a $20 minimum applies to each party when the consideration is $4,000 or less.
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 New Hampshire
- Believing reports that a June 2026 'S.B. 201' made wholesaling a licensed service. It could not be verified on gc.nh.gov and appears to be a copy error.
- Choosing a double close without budgeting both halves of the transfer tax, $0.75 per $100 as buyer and again as seller.
- Taking a commission or negotiating for the owner, which is brokerage requiring a license under RSA 331-A and subject to Commission and OPLC enforcement.
- Advertising the house itself on listing sites or with yard signs, rather than marketing your assignable purchase agreement to buyers.
Real estate licensing in New Hampshire
Real estate licensing in New Hampshire is overseen by New Hampshire Real Estate Commission, Office of Professional Licensure and Certification (OPLC).
Under RSA 331-A:10, salesperson candidates complete 40 hours of Commission-approved pre-license education before taking the PSI-administered exam, which has national and New Hampshire portions. Licensing requirements
Running the numbers on a New Hampshire 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 New Hampshire 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 New Hampshire investor loans or our end-buyer financing guide.
New Hampshire wholesaling FAQ
Is wholesaling legal in New Hampshire?
Yes. New Hampshire has no statute or Real Estate Commission rule that bans or specifically regulates wholesaling. The Real Estate Practice Act, RSA 331-A, requires a license for brokerage activity for others for compensation. Wholesalers who contract as principals and sell only their contract interest are not acting for others, provided they do not represent the owner.
Do you need a license to wholesale in New Hampshire?
Not for principal transactions in which you assign your own purchase agreement. You need an RSA 331-A license to list, advertise or negotiate a property for its owner, or to take a commission. Unlicensed brokerage is subject to enforcement by the Real Estate Commission and the Office of Professional Licensure and Certification.
Did New Hampshire pass a wholesaling law in 2026?
No wholesaling law was found. HB 1110, effective June 2, 2026, amended RSA 331-A, but it covered exams, inactive license status and continuing education. One online aggregator claims a June 2026 'S.B. 201' made wholesaling a licensed service, but the same text appears for other states and could not be verified on gc.nh.gov.
How much is the real estate transfer tax in New Hampshire?
The tax under RSA 78-B is $0.75 per $100 of price or consideration charged to the buyer and another $0.75 per $100 charged to the seller, a combined $1.50 per $100. When the consideration is $4,000 or less, a $20 minimum applies to each side. The rate has been $0.75 per side since 1999.
Is a double close expensive in New Hampshire?
Usually, yes. Because the transfer tax is charged to both buyer and seller, a wholesaler who takes title pays the buyer's share on the purchase and the seller's share on the resale. On a $300,000 purchase resold for $330,000, that is $4,725 in transfer tax alone. An assignment keeps the wholesaler off the deed and avoids both charges.
How do you get a real estate license in New Hampshire?
Under RSA 331-A:10, a salesperson candidate must complete 40 hours of Commission-approved pre-license education before testing. The exam is administered by PSI and has national and New Hampshire portions. Sources disagree on how much of the 40 hours may be taken online and on current fees, so check the OPLC Real Estate Commission's pages.
Statutes, rules and sources
RSA 331-A
New Hampshire Real Estate Practice Act
- NH OPLC - Real Estate Commission Laws & Rules
- NH Association of REALTORS - State House update (May 26, 2026)
- RealEstateBees - Wholesaling in New Hampshire (2026)
- NH Department of Revenue Administration - Real Estate Transfer Tax
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 New Hampshire real estate attorney before you contract.