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South Carolina wholesaling laws
Law addressing wholesaling in effect · Reviewed July 24, 2026
South Carolina's revised Real Estate Practice Act (S.C. Code §40-57-5 et seq.) prohibits "wholesaling" as defined at §40-57-30(44): marketing a property you have under contract but don't yet own, for compensation, is treated as unlicensed brokerage. Often called the closest thing to an outright ban.
What the law requires
- You may not market or advertise a property you have under contract but don't own, for compensation, before taking title.
- You may market only a bare contractual position that does not describe the underlying property — the Commission's guidance says this is very hard to do in practice (no photos, address, tax map number, bed/bath, condition, etc.).
- Wholesaler intent must be disclosed.
- Enforced by
- South Carolina Real Estate Commission (SCREC), under LLR
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This is not legal advice.
Laws change and details vary by situation. Confirm South Carolina's current requirements with a licensed real-estate attorney before relying on this in a live deal.
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