State wholesaling law ยท Checked 2026-10-29

Is wholesaling legal in Missouri?

Yes. Wholesaling is legal in Missouri. Since August 28, 2026, a wholesaler buying a one to four unit home must give the owner a separate written disclosure at least 14 calendar days before the contract, and both sides must sign it first (RSMo 407.3600). If that is skipped, the owner can cancel before closing without penalty.

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What Missouri law requires

The rules sit in RSMo 407.3600 and cover residential real property, meaning real property improved by a building with one to four dwelling units (RSMo 407.3600.1(1)).

A wholesaler signs a purchase contract and then assigns or novates it, handing the deal to a different buyer. That includes a seller side wholesaler contracting to sell a home it does not hold legal title to (RSMo 407.3600.1(2)(a)).

No money has to change hands. The definition reaches anyone acting for a fee, commission, or "other valuable consideration," and anyone acting with the "intention, expectation, or upon the promise" of one (RSMo 407.3600.1(2)(a)). A buyer planning to collect an assignment fee fits.

Two transfers are excluded: an individual assigning to another individual related within the third degree by blood or marriage, and an assignment to the wholesaler's own parent, subsidiary, affiliate, or affiliated group under common control (RSMo 407.3600.1(2)(b)). The text does not mention a buyer that takes title and then resells, so wholesalers using double closings should get a lawyer's read.

The required disclosure, word for word

The wholesaler or its representative must give the record owner the statement at least 14 calendar days before entering into the contract. It must be separate from the purchase contract and printed in boldface type of at least 12 points (RSMo 407.3600.2). The required text reads:

"Missouri law requires a wholesaler acting as a grantee, before entering into a contract or agreement that conveys an interest in residential real property, to provide certain information to the record owner in a conspicuous manner printed in boldface type font size not less than twelve points. Failure by a wholesaler to present or complete this form shall be considered an unlawful and unfair practice under the Missouri Merchandising Practices Act. Any person who enters into an agreement that conveys an interest in residential real property to a wholesaler acting as a grantee without receiving this disclosure has a cause of action against the wholesaler. A wholesaler acting as a grantee is prohibited from entering into a binding contract to acquire an interest in residential real property unless this statement is signed and dated by the record owner of the property."

"The owner acknowledges that the person presenting this document is a wholesaler, as defined in section 407.3600 of the Revised Statutes of Missouri, and that the owner is advised to seek legal advice before entering into any agreement or contract with the wholesaler. A wholesaler is acting on the wholesaler's own behalf and does not represent the owner in this transaction. A wholesaler enters assignable contracts with owners and seeks to sell or assign the wholesaler's interest for a profit. The wholesaler may assign the wholesaler's interest in the purchase contract to a third party without the owner's consent before closing. The wholesaler may charge a fee to the third-party buyer separately for profit. The agreed purchase price between the owner and wholesaler may be below market value and is conveyed voluntarily."

Signature and date lines for both parties follow, and no binding contract can be signed until both have signed and dated the form (RSMo 407.3600.3). Calendar days include weekends and holidays. If you receive the form on November 2, a contract signed before November 16 is too early.

Can the seller cancel? What about earnest money?

If the wholesaler skipped the disclosure, the record owner may cancel at any time before the close of escrow, without penalty. The escrow or closing agent must then pay the owner any earnest money the wholesaler deposited within 30 days (RSMo 407.3600.4).

These protections cannot be waived, orally or in writing. Any part of an agreement executed, modified, or extended after August 28, 2026 that waives them is null and void (RSMo 407.3600.5).

A party who signed without the disclosure may also sue the wholesaler (RSMo 407.3600.6). The statute lists damages, injunctive relief, and attorney fees in the subsection on Attorney General suits (RSMo 407.3600.7) and does not separately list what a homeowner can recover. A Missouri attorney can tell you what to expect.

Penalties and enforcement

A violation is an unlawful practice under the Missouri Merchandising Practices Act (RSMo 407.3600.6). The Attorney General can file a civil action, and the court may grant damages, injunctive relief, attorney fees, and other relief (RSMo 407.3600.7).

The Attorney General's general Chapter 407 powers also apply. The office can demand documents and testimony (RSMo 407.040) and ask a court for an injunction, restitution, and a civil penalty of up to $1,000 per violation (RSMo 407.100). Violating that court order can cost up to $5,000 per violation (RSMo 407.110). To report a wholesaler, contact the Attorney General's Consumer Protection Division at 800-392-8222.

Do Missouri wholesalers need a real estate license?

Acting as a real estate broker without a license is unlawful (RSMo 339.020). A broker is anyone who, for another person and for compensation, sells, buys, negotiates, lists, or helps procure prospects for real estate (RSMo 339.010.1). Owners dealing with property they own or lease are exempt (RSMo 339.010.9(1)).

Section 407.3600 is silent on licensing, and the Missouri Real Estate Commission's rulebook does not mention wholesaling. Marketing a house you have no contract on, or getting paid to connect a seller and buyer, matches activities the broker definition lists.

Knowingly acting without a required license is a class B misdemeanor (RSMo 339.170), and an unlicensed person cannot sue to collect brokerage compensation (RSMo 339.160). Licensed agents must disclose their license status in writing before acquiring an interest in real estate (20 CSR 2250-8.110(1)).

What changed recently and what is pending

Section 407.3600 came from two 2026 bills, SB 973 (Sen. Curtis Trent, signed July 13, 2026) and HB 2636 (Rep. Bill Owen, approved July 9, 2026), effective August 28, 2026.

The same legislation created the Missouri Residential Sale Leaseback Protection Act (RSMo 442.920). A buyer offering to rent your home back after the sale must give a disclosure at least 14 calendar days before signing, and title cannot transfer until 30 days after signing.

As of October 29, 2026, neither chamber's bill tracker listed any 2027 bills. The 2027 session opens January 6, 2027.

This is information, not legal advice.

Questions sellers and investors ask

A cash buyer wants me to sign today. Is that legal?

Yes, if the buyer will close and keep the property. A buyer planning to assign or novate the contract for a fee is a wholesaler, and it cannot enter a binding contract with you until at least 14 calendar days after giving you the disclosure, signed and dated by both of you (RSMo 407.3600.2, 407.3600.3). Ask in writing whether the buyer plans to assign, and check the contract for language allowing it.

I signed with a wholesaler and never got the form. What should I do?

Send a written cancellation to the buyer and to the title or escrow company before the close of escrow, and keep a copy. You owe no penalty, and the escrow or closing agent must send you any earnest money the wholesaler deposited within 30 days (RSMo 407.3600.4). Save every message from the buyer in case you sue (RSMo 407.3600.6) or file an Attorney General complaint.

Does the law cover vacant land or apartment buildings?

The disclosure rule covers real property improved by a building with one to four dwelling units (RSMo 407.3600.1(1)). A house, duplex, triplex, or fourplex qualifies. Vacant land has no building, and a building with five or more units falls outside the definition, so the 14-day disclosure does not apply to those deals. The broader Merchandising Practices Act still makes deception in a real estate sale an unlawful practice (RSMo 407.010, 407.020).

Does the wholesaler have to tell me how much it will make?

No. The required form tells you the wholesaler may charge the third-party buyer a separate fee for profit and that your price may be below market value, but nothing in RSMo 407.3600 requires the wholesaler to state the fee amount or the end buyer's price. If that number matters to you, ask for it in writing before you sign, or compare the offer against a listing price from a licensed agent.

Every state's rules

Missouri is one of 51 jurisdictions in our state-by-state wholesaling law table, which covers licensing, seller disclosures, and cancellation windows everywhere in the U.S. If you already have a cash offer, here is how to compare cash offers line by line.

Sources

  1. RSMo 407.3600 (effective Aug 28, 2026), retrieved 2026-10-29
  2. RSMo 407.010, retrieved 2026-10-29
  3. RSMo 407.020, retrieved 2026-10-29
  4. RSMo 407.025, retrieved 2026-10-29
  5. RSMo 407.040, retrieved 2026-10-29
  6. RSMo 407.100, retrieved 2026-10-29
  7. RSMo 407.110, retrieved 2026-10-29
  8. RSMo 339.010, retrieved 2026-10-29
  9. RSMo 339.020, retrieved 2026-10-29
  10. RSMo 339.170, retrieved 2026-10-29
  11. RSMo 442.920, Missouri Residential Sale Leaseback Protection Act, retrieved 2026-10-29
  12. Missouri Senate, SB 973 (2026), retrieved 2026-10-29
  13. Missouri House, HB 2636 (2026), retrieved 2026-10-29
  14. HB 2636 truly agreed summary, retrieved 2026-10-29
  15. Missouri House bill list, 2027 session, retrieved 2026-10-29
  16. Missouri Real Estate Commission rulebook, retrieved 2026-10-29
  17. 20 CSR 2250-8, Missouri Code of State Regulations, retrieved 2026-10-29
  18. Missouri Attorney General, Consumer Protection Division, retrieved 2026-10-29