What do you actually need to start?
Straight answer: no US state lets you skip everything — but it's simpler than it sounds. It comes down to 3 steps. Do Step 1 everywhere, check your state in Step 2, and glance at Step 3 for each deal.
Set up your business
Everyone does this — an LLC, a free EIN, and usually a local business license.
Always · every stateCheck your state's rule
Most states need no broker license. 16 states want a real-estate license.
Pick it belowCheck each deal
Real estate or company shares inside a deal can add one extra rule.
Per dealForm an LLC (this protects your personal money) and get a free EIN from the IRS. You need these to open a business bank account and get paid.
Most cities and counties require a local business license or tax registration to operate — even when the state asks for nothing. Check your city's website; it's usually quick and cheap.
A signed engagement + commission agreement before you start work. This is how you make sure you get paid and stay protected.
Errors & Omissions insurance protects you if a client says you made a mistake. It's not legally required everywhere, but every serious broker carries it.
The deal includes real estate or a lease
You need a real-estate license — in every US state — for that part of the deal. Many brokers simply partner with a licensed real-estate agent instead of getting their own.
You're selling the company's shares (a stock sale), not its assets
This can count as selling a 'security,' which adds rules. Most small-business sales are asset sales, which are simpler. A federal 'M&A Broker' exemption may cover you — confirm you qualify.
- Business Brokerage Press — State Licensing (businessbrokeragepress.com)
- American Business Brokers Association — states requiring a real-estate license
- State real-estate commissions & securities departments
This is a plain-English guide, not legal advice. Rules differ by deal (asset vs share sale, real property) and change over time — a few "license" states only require it when a lease or property is involved. Always confirm with your state's real-estate commission / securities regulator or an attorney before you operate.