SB 201 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO REAL ESTATE BROKERS AND SALESPERSONS
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced July 01, 2025. Enacted.
Signed by Governor Matt Meyer (Democratic) on June 01, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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3 sponsors
3 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (3 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
This bill requires real estate wholesalers to be licensed and defines wholesaling practices.
The bill exempts some individuals from needing a real estate license for wholesaling, but requires licensing for those engaged in the business. It also enhances consumer protections and increases the Real Estate Guarantee Fund limits.
What this means for you
- Workers: This impacts workers in the real estate sector by potentially increasing the number of licensed professionals operating legally.
- Consumers: This means consumers will have better protections when engaging in real estate transactions involving wholesale properties.
- Small Business: This affects small businesses in real estate as they must ensure compliance with licensing requirements.
Summary
Section 1 of the Act exempts an individual not engaged in the business of “wholesaling” real estate from needing to be a real estate licensee. The business of wholesaling is when someone enters into an Agreement of Sale as a buyer, then markets the property and assigns that agreement to a different buyer and collects a fee for that assignment. While this process is unobjectionable under certain circumstances, at other times, it is used as a means to charge an excessive assignment fee, which is “equity stripping” of money that should go to the seller. The Act makes clear that marketing properties this way is the brokerage of real estate and must be done by a real estate broker. This is based on similar laws in Pennsylvania. Section 2 of the Act includes the business of wholesaling under the definition of real estate services. It also clarifies that a person engaged in the business of wholesaling must be licensed under Chapter 29 of the Delaware Code. Section 7 of the Act allows 270 days for such persons to become licensed. Section 3 of the Act defines “wholesaling”. Section 4 of the Act increases the amount a member of the public may collect from the Real Estate Guarantee Fund from $25,000 to $50,000 and increases the minimum amount of the Fund from $250,000 to $350,000. It also provides more discretion to the Commissioners, making it easier to award funds to a member of the public. In addition, it provides additional detail for how Commissioners may approve expenditures from the Fund and requires that they shall be provided with financial statements relating to the Fund. Section 5 of the Act adds a section to the Delaware Code for requirements for the business of “wholesaling” and adds protections for the member of the public entering into a wholesaling transaction. This is patterned after a recently enacted law in Pennsylvania. Section 6 of the Act provides that Sections 1, 3, and 4 of the Act, which include changes to certain definitions and revisions to the Real Estate Guaranty Fund, take effect upon the Act’s enactment into law. Section 7 of the Act provides that Section 2 of the Act, which requires a wholesaler to be a real estate licensee, takes effect 270 days after the Act’s enactment into law. Section 8 of the Act provides that Section 5 of the Act, concerning the right to cancel agreements of sale or contracts for wholesale transactions, takes effect 90 days after the Act’s enactment into law. The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Bill Text
- Bill Text View text Current pdf
Action History
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Signed by Governor
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Passed By House. Votes: 26 YES 10 NO 2 NOT VOTING 3 ABSENT
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Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 8 On Its Merits
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Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
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Passed By Senate. Votes: 20 YES 1 ABSENT
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Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 2 Favorable, 6 On Its Merits
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Introduced and Assigned to Banking, Business, Insurance & Technology Committee in Senate
Sponsors
- Kerri Evelyn Harris · Primary
- William Bush · Primary
- Spiros Mantzavinos · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 59 not signed on · 10 voted No
Sponsors (3)
- Kerri Evelyn Harris Democratic
- William Bush Democratic
- Spiros Mantzavinos Democratic
Co-sponsors (0)
None.
Not signed on (59)
59 members have not signed on to this bill.
Show all 59 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 26 | 0 | 0 | 1 |
| Republican | 0 | 10 | 0 | 4 |
| Total | 26 | 10 | 0 | 5 |
| % of votes cast | 63% | 24% | 0% | 12% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Alonna Berry | Democratic | Yea |
| Claire Snyder-Hall | Democratic | Yea |
| Cyndie Romer | Democratic | Yea |
| DeShanna U Neal | Democratic | Yea |
| Debra Heffernan | Democratic | Yea |
| Edward S. Osienski | Democratic | Yea |
| Eric Morrison | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Franklin D. Cooke | Democratic | Yea |
| Josue O Ortega | Democratic | Yea |
| Kamela T Smith | Democratic | Not Voting |
| Kendra Johnson | Democratic | Yea |
| Kerri Evelyn Harris | Democratic | Yea |
| Kimberly Williams | Democratic | Yea |
| Krista Griffith | Democratic | Yea |
| Larry Lambert | Democratic | Yea |
| Madinah Wilson-Anton | Democratic | Yea |
| Mara Gorman | Democratic | Yea |
| Melanie Ross Levin | Democratic | Yea |
| Melissa Minor-Brown | Democratic | Yea |
| Nnamdi O. Chukwuocha | Democratic | Yea |
| Sean M. Lynn | Democratic | Yea |
| Sherae'a Moore | Democratic | Yea |
| Sophie Phillips | Democratic | Yea |
| Stephanie T. Bolden | Democratic | Yea |
| William Bush | Democratic | Yea |
| William J. Carson | Democratic | Yea |
| Bryan W. Shupe | Republican | Nay |
| Charles S Postles Jr. | Republican | Nay |
| Daniel B. Short | Republican | Nay |
| Jeff Hilovsky | Republican | Nay |
| Jeffrey N. Spiegelman | Republican | Not Voting |
| Jesse R. Vanderwende | Republican | Nay |
| Kevin S Hensley | Republican | Not Voting |
| Lyndon D. Yearick | Republican | Nay |
| Michael F. Smith | Republican | Not Voting |
| Richard G. Collins | Republican | Nay |
| Ronald E. Gray | Republican | Nay |
| Shannon Morris | Republican | Nay |
| Timothy D. Dukes | Republican | Nay |
| Valerie Jones Giltner | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 14 | 0 | 0 | 1 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bryan Townsend | Democratic | Yea |
| Daniel Cruce | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Ray Seigfried | Democratic | Yea |
| Russell Huxtable | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Not Voting |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 201 do?
- Section 1 of the Act exempts an individual not engaged in the business of “wholesaling” real estate from needing to be a real estate licensee. The business of wholesaling is when someone enters into an Agreement of Sale as a buyer, then markets the property and assigns that agreement to a different buyer and collects a fee for that assignment. While this process is unobjectionable under certain circumstances, at other times, it is used as a means to charge an excessive assignment fee, which is “equity stripping” of money that should go to the seller. The Act makes clear that marketing properties this way is the brokerage of real estate and must be done by a real estate broker. This is based on similar laws in Pennsylvania. Section 2 of the Act includes the business of wholesaling under the definition of real estate services. It also clarifies that a person engaged in the business of wholesaling must be licensed under Chapter 29 of the Delaware Code. Section 7 of the Act allows 270 days for such persons to become licensed. Section 3 of the Act defines “wholesaling”. Section 4 of the Act increases the amount a member of the public may collect from the Real Estate Guarantee Fund from $25,000 to $50,000 and increases the minimum amount of the Fund from $250,000 to $350,000. It also provides more discretion to the Commissioners, making it easier to award funds to a member of the public. In addition, it provides additional detail for how Commissioners may approve expenditures from the Fund and requires that they shall be provided with financial statements relating to the Fund. Section 5 of the Act adds a section to the Delaware Code for requirements for the business of “wholesaling” and adds protections for the member of the public entering into a wholesaling transaction. This is patterned after a recently enacted law in Pennsylvania. Section 6 of the Act provides that Sections 1, 3, and 4 of the Act, which include changes to certain definitions and revisions to the Real Estate Guaranty Fund, take effect upon the Act’s enactment into law. Section 7 of the Act provides that Section 2 of the Act, which requires a wholesaler to be a real estate licensee, takes effect 270 days after the Act’s enactment into law. Section 8 of the Act provides that Section 5 of the Act, concerning the right to cancel agreements of sale or contracts for wholesale transactions, takes effect 90 days after the Act’s enactment into law. The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
- Who sponsors SB 201?
- SB 201 is sponsored by Kerri Evelyn Harris (Democratic), William Bush (Democratic), and Spiros Mantzavinos (Democratic).
- What is the current status of SB 201?
- This bill has been enacted into law. Introduced July 01, 2025. Enacted.
- Where can I track SB 201?
- Track SB 201 free on One Click Politics — get push/email alerts when it moves.
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