Wholesaling may or may not be legal depends on the laws of the state.  The fundamental argument lies in whether or not the state would allow an individual without a real estate license to receive a fee for a real estate transaction.  Some states require that persons must have a real estate license to receive a fee for the sale of the real estate property.  However, wholesalers argue that they are not selling the actual real estate, they are only selling the real estate contract.  Some state that have sued wholesalers include Ohio.

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