New Pennsylvania Law Aims to Protect Home Sellers and Buyers in Wholesaling Transactions

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LEMOYNE, PA — The Pennsylvania Association of Realtors® (PAR) has praised the state’s General Assembly and Governor Josh Shapiro for enacting a new law designed to safeguard home sellers and buyers involved in residential wholesaling transactions. The legislation, known as Senate Bill 1173, was signed into law on July 8 and is now Act 52 of 2024.

Senate Bill 1173, introduced by Senators Pat Stefano (R-Fayette) and Greg Rothman (R-Cumberland), amends the Real Estate Licensing and Registration Act. It defines residential wholesale transactions and mandates that anyone conducting these transactions must have a real estate license. The law also ensures that consumers are informed when they are participating in a wholesale transaction.

“This legislation brings much-needed uniformity to residential wholesaling, which occurs throughout Pennsylvania,” said PAR Incoming President Bill Lublin. “It will provide protection for consumers by requiring they receive proper disclosures, ensuring transparency throughout the transaction and giving them recourse if they encounter a problem.”

Residential wholesaling involves a third party, known as a wholesaler, who signs a contract with a homeowner to buy their property. The wholesaler then markets this contract to another buyer, often selling it at a significantly higher price than the original purchase agreement. This practice has raised concerns about transparency and fairness, especially when targeting vulnerable populations.

Act 52 aims to ensure that all parties in a wholesale transaction fully understand the nature of the deal. It mandates proper disclosures, offering greater transparency and protection for both sellers and buyers.

“The swift action on this legislation will now give homebuyers and sellers critical information about what is often one of the biggest purchases of their lives,” said Senator Stefano. “Greater transparency will offer safeguards for all parties – something we can all support.”

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Wholesalers often exploit unsuspecting homeowners, particularly seniors and those unaware of their property’s true value, to maximize profits. They engage in these transactions without intending to own or take title of the property. The new law provides recourse for consumers who believe they have been wronged, addressing potential harm caused by such practices.

“Residential wholesaling of real estate has become prevalent in recent years, often at the expense of the most vulnerable,” added Senator Rothman. “Senate Bill 1173 would ensure that both homeowners and homebuyers are fully informed of their rights and are equipped to make well-educated decisions.”

Act 52 represents a significant step toward protecting Pennsylvanians engaged in residential real estate transactions, ensuring transparency and accountability in a previously opaque segment of the market.

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