Wholesale Assignment Contracts: Legal Essentials
The assignment contract is the legal backbone of wholesaling. Understand its key clauses and requirements.
Wholesaling lets you profit from real estate deals without buying properties. Here's how the process works.
Wholesaling is the practice of contracting a property from a seller and then assigning that contract to an end buyer for a fee, without ever taking ownership of the property. It requires minimal capital, making it an attractive entry point into real estate investing.
The process works in four steps. First, find a motivated seller with a property below market value. Second, negotiate a purchase contract with an assignment clause (or use a double-close strategy). Third, find an end buyer — typically a fix-and-flip investor or buy-and-hold landlord — willing to pay more than your contracted price. Fourth, assign the contract to the buyer and collect your assignment fee at closing.
Typical wholesale fees range from $5,000 to $25,000 per deal, depending on the spread between your contract price and the end buyer's willingness to pay. The key is finding deals with enough margin that both you and the end buyer can profit.
Marketing to find motivated sellers uses the same channels as direct investor acquisition: direct mail, driving for dollars, online advertising, and networking. Building a buyer's list is equally important — attend investor meetups, post on real estate forums, and build relationships with active flippers in your market.
Legal considerations vary by state. Some states require a real estate license to wholesale, others restrict assignment fees, and marketing a property you don't own may violate certain regulations. Consult a real estate attorney in your state before your first deal.
Wholesaling is also an excellent way to learn deal analysis, negotiation, and market dynamics before committing the capital required for fix-and-flip investing.
Related Articles
The assignment contract is the legal backbone of wholesaling. Understand its key clauses and requirements.
Your buyer's list is your wholesaling business's most valuable asset. Learn how to build and maintain it.
Motivated sellers are the source of the best deals, but negotiations require empathy and skill.