Florida Contract Assignments and Double Closings: A Plain-English Guide for Wholesalers

Home › Blog › Assignments and Double Closings · Updated October 25, 2026

Almost every wholesaler learns the words “assignment” and “double close” in their first week. Far fewer can explain what actually happens at the title company, which documents get signed by whom, why one deal closes in a single afternoon and another stalls for a week, or why the same contract can be easy to assign at one title office and a problem at another. That gap is where deals get lost and where sellers, buyers and wholesalers end up surprised at the closing table.

This guide walks through both structures the way a closing actually unfolds in Florida: the contract language that controls your options, the assignment agreement, the deposits, the settlement statements, the deeds, the documentary stamp tax and the funding. It also covers the seller-side issues that can quietly undo a deal, such as a homestead spouse who never signed. We wrote it from the perspective of a buyer that closes both ways. If you want our specific buy box and how we prefer to receive deals, see our wholesaler partner page and our submission checklist; this article stays focused on mechanics.

Where does Florida law stand on wholesaling in 2026?

Florida does not, as of this writing in October 2026, have a statute written specifically to regulate real estate wholesaling, based on our review of public sources. That is different from a growing list of other states. In 2025 alone, states including Connecticut, Maryland, North Dakota, Oklahoma and Tennessee adopted or expanded laws aimed at wholesalers, typically requiring written disclosure that the buyer intends to assign or sell its contract interest, and in some cases giving sellers cancellation rights or requiring registration. Wholesaling bills have been discussed in Florida in recent years, and the legislature meets every year, so the absence of a specific law today is not a promise about next session. Check the current status with your attorney before relying on anything in this section.

Chapter 475 is still the main framework

The absence of a wholesaling statute does not mean wholesaling is unregulated in Florida. Chapter 475 of the Florida Statutes governs real estate brokerage. Broadly, a person who, for compensation, sells, buys, rents, negotiates or advertises real property on behalf of others may need a real estate license, and acting as a broker without one can carry serious penalties, including criminal penalties. The statute also contains exemptions, including for people dealing with their own property.

Wholesalers who operate without a license generally rely on the idea that they are acting as principals: they hold a genuine contract to buy, they have a real interest in that contract, and what they sell or assign is their own contract position rather than someone else’s house. Whether that holds up depends on facts, including how the contract was written, whether the wholesaler intended and was able to perform, and especially how the deal was marketed. Advertising a house as if you own it, or marketing a property you do not have under contract, is exactly the kind of conduct that blurs the line between principal and unlicensed broker. That is why we only accept deals the sender controls and why our submission form asks you to confirm it.

Other Florida rules that can touch a wholesale deal

• Homestead protections. The Florida Constitution restricts how homestead property can be conveyed. When the property is a married owner’s homestead, the owner’s spouse generally must join in the conveyance, even if the spouse is not on title.
• Foreclosure-related transactions. Florida law, including section 501.1377 of the Florida Statutes, places specific requirements on certain transactions involving homeowners in foreclosure, particularly arrangements where the homeowner keeps some interest or right to stay. A straightforward sale may be treated differently from a lease-back or repurchase arrangement, but this area is technical; get advice before you structure anything unusual with a seller in foreclosure.
• Documentary stamp tax. Florida taxes deeds at 70 cents per 100 dollars of consideration statewide, with a different rate structure for some property in Miami-Dade County. The number of deeds in your transaction, and how consideration is calculated, depends on the structure you choose.
• Escrow and deposits. Florida has detailed rules for how escrow agents, including title agents and brokers, hold and release deposits. Use a licensed title company or attorney as escrow agent rather than holding a buyer’s deposit yourself.
• Practice of law. Drafting legal documents for other people can raise unauthorized-practice-of-law concerns. Use attorney-reviewed forms for your purchase contract and your assignment agreement.

What in your purchase contract decides whether you can assign?

Your options are set the day you sign with the seller, not the day you find a buyer. Before you choose a structure, read your contract for these provisions, or better yet, have your attorney set them up correctly in the first place.

The assignability clause

Many standard Florida residential purchase forms include a section on assignability with check-box choices, typically that the buyer may assign and be released from further liability, may assign but stay liable, or may not assign at all. Which box is checked matters. A “may not assign” box generally means an assignment is off the table unless the seller agrees in writing, which pushes you toward a double close or a renegotiation. If you use a custom contract, look for language that expressly permits assignment and says whether the seller’s consent is needed.

“And/or assigns” is not a magic phrase

Wholesalers often write their company name followed by “and/or assigns” in the buyer line. That signals intent, but it does not override a separate clause that prohibits assignment, and it does not replace honest communication with the seller about what you plan to do. Some title companies and some sellers’ attorneys read it skeptically. Treat it as one piece of a clear contract, not as the whole strategy.

Deposit terms

Note how much earnest money you put up, who holds it, when it goes hard and what happens to it if the deal is assigned. An end buyer will want to know whether the deposit carries over, whether they must reimburse you, and whether they need to post an additional deposit.

Inspection period, access and closing date

An assignee steps into your shoes, including your deadlines. If your inspection period expires tomorrow, your buyer inherits a contract with no remaining inspection protection. If the closing date is in five days, your buyer has five days, not the thirty they might normally expect. Contracts with realistic periods and clear access rights are easier to assign and easier to close.

Resale and contingency language

For a double close, the question is not assignability but whether anything in your contract restricts you from reselling right after you buy, and whether your contract’s contingencies work for a buyer who will use another party’s funds. Ordinary resale is usually not restricted, but bank-owned and institutional contracts often contain anti-flipping, anti-assignment and occupancy clauses. Read them before you promise anyone a deal.

How does an assignment close in Florida, step by step?

Here is how a clean residential assignment typically moves, with the parties labeled A (the seller), B (you, the wholesaler) and C (the end buyer). Every title company runs its own process, so treat this as a map rather than a rulebook.

1. Contract and escrow. A and B sign the purchase contract. B delivers the deposit to the title company or attorney named as escrow agent, and the title company opens a file and orders the title search.
2. Buyer review. B presents the contract position to C, including the contract itself, the deadlines and the property information. C inspects within the time remaining.
3. Assignment agreement. B and C sign a written assignment of contract. It identifies the original contract, states the assignment fee and when it is paid, explains what happens to B’s deposit, and has C assume B’s obligations under the contract. If the contract requires the seller’s consent, A signs a consent too.
4. Title update. B sends the signed assignment to the title company. The file is updated so C is the buyer of record; C provides entity documents and identification, and the commitment is issued in C’s name.
5. Settlement statement. The title company prepares a statement that shows the purchase price, the closing costs each side pays under the contract, and the assignment fee payable to B. In most assignments, the fee and the parties are visible to everyone on that paperwork.
6. Closing. A signs a deed directly to C. C wires funds for the contract price plus the assignment fee and C’s costs. The title company disburses the seller’s proceeds to A and the assignment fee to B, records the deed and issues the owner’s title policy to C.

What the end buyer is really buying

In an assignment, C is not buying the house from you. C is buying your contract rights and then buying the house from A under the contract terms you negotiated. That has consequences. C is bound by the contract’s price, deadlines, as-is language and repair limits. C’s remedies run mostly against A under the purchase contract and against you under the assignment agreement. Any promise you made to A, such as letting the seller remain in the house for two weeks after closing, becomes C’s problem, so disclose every side agreement before C signs.

Why many deals favor assignment

One closing means one deed, one set of seller-side costs and no need for you to fund a purchase. It is generally the quicker and less expensive route when the contract allows it, the seller understands it and the fee is reasonable for the work involved. The tradeoff is visibility: the seller and buyer can see your fee, which is one reason it pays to price your spread in a way you would be comfortable explaining.

How does a double close work, leg by leg?

A double close is two real sales. You actually buy the property from A and then sell it to C. The two closings may happen hours apart at the same title company, or a day or more apart. Each leg has its own contract, settlement statement, deed and title work.

1. Two contracts. You hold the A-to-B purchase contract and sign a separate B-to-C sales contract with your end buyer, at your resale price and on terms you control.
2. Funding the first leg. You must pay A in full at the A-to-B closing. You do that with your own cash, with transactional funding (short-term financing made for this purpose), or, at some title companies and only where their underwriter allows it, with funds from the C side. Many title agents will not use the end buyer’s money to fund your purchase, so ask early.
3. A-to-B closing. A signs a deed to you. You pay the price and your share of costs under the A-to-B contract. Doc stamps are due on that deed.
4. B-to-C closing. You sign a deed to C. C pays the resale price and C’s costs, and you pay your seller-side costs under the B-to-C contract, including doc stamps on the second deed if your contract allocates them to you. If you used transactional funding, it is repaid from your proceeds.
5. Recording and policies. Both deeds are recorded in order. Title insurance is issued on the legs according to the title company’s process; ask how they handle the owner’s policy on the first leg and the policy for C.

Why wholesalers choose a double close

The most common reasons are a contract that does not allow assignment, a seller who would rather sell to the person they negotiated with, a fee that would make an assignment uncomfortable for one of the parties, or a lender on the C side that will not accept an assignment. Each leg has its own settlement statement, so A and C generally see only their own transaction. Privacy is not a license to hide material facts, though. You still owe both sides honesty about the property and about your role.

The added costs are real

A double close usually means two sets of closing costs, two deeds with documentary stamp tax, possibly two title premiums, transactional funding fees and more coordination. On a thin spread, those costs can consume much of the profit. Run the numbers for both structures before you decide, and include a line for each item.

Watch for the end buyer’s financing

We buy with cash, so this rarely affects deals with us, but if your C buyer is financing, the lender may have rules about how recently the seller acquired the property. Some government-backed loan programs restrict resales that occur shortly after the seller’s purchase. A financed C buyer in a same-day double close can stall at underwriting. Ask your buyer and their lender before you schedule closings.

Where do the deposits, settlement statements and doc stamps go?

Most closing-day surprises come from money questions nobody asked in advance. Here is how the main items usually behave in each structure.

Earnest money

In an assignment, your deposit stays in escrow under the original contract. The assignment agreement should say whether C reimburses it to you at closing, credits it toward the fee, or replaces it. Some buyers post their own deposit with the title company when they sign the assignment. In a double close, your A-to-B deposit belongs to the first contract, and C posts a separate deposit under the B-to-C contract. Either way, keep deposits with a licensed escrow agent and get the terms in writing.

Settlement statements

Title companies in Florida commonly use a settlement statement for cash transactions that lists every charge and credit. In an assignment, there is usually one combined statement or a buyer and seller version of the same closing, and the assignment fee appears as a payment to the assignor. In a double close, each leg gets its own statements. If privacy matters to the deal, ask the title company exactly what each party will see before you promise anything.

Documentary stamp tax, in plain numbers

Florida’s deed stamp tax is 70 cents per 100 dollars of consideration in most of the state. As a simple illustration, a 200,000-dollar deed carries 1,400 dollars of deed stamps. In a hypothetical double close where you buy at 200,000 dollars and resell at 230,000 dollars, there are two deeds: about 1,400 dollars on the first and about 1,610 dollars on the second. In an assignment there is generally one deed, but how the assignment fee is treated in the consideration can depend on how the transaction is documented, so ask your title agent how they will calculate the stamps on your specific file rather than assuming. Who pays the stamps depends on what each contract says.

Title insurance and search work

Every closing needs a title search and, for most buyers, an owner’s policy. In an assignment, the policy is issued to C. In a double close, the title company handles both legs and may charge for work on each. Title premiums in Florida are regulated, but the related fees vary by company, so get quotes.

Transactional funding

Transactional lenders fund the first leg of a double close for a short period, typically only when a second closing with a committed end buyer is already scheduled. They charge a fee and may require proof of the B-to-C contract and the end buyer’s funds, and the title company must agree to work with them. Read the terms carefully, including what happens if the second leg is delayed.

Taxes on your fee

An assignment fee or double close profit is income to you. How it is taxed depends on your entity, your activity and your other income. Talk to a CPA before tax season rather than after.

Assignment vs. double close: a side-by-side comparison

How do you choose the right structure for a specific deal?

There is no universally better structure. The right one is the one that fits the contract, the parties and the numbers on that deal. A few common scenarios show how the decision usually goes.

Scenario: a standard house with an assignable contract and a modest fee

This is the classic assignment. The contract allows it, the seller understands that a buyer may step in, the fee is in line with the work you did, and the end buyer is paying cash. One closing keeps costs down. Make sure the assignment agreement is signed well before closing and that the title company has it.

Scenario: a contract that says “may not assign”

You have two honest options: ask the seller for written consent to assign, explaining why, or plan a double close with real funding. What you should not do is sign an assignment anyway and hope nobody notices. The title company will usually catch it, and the seller may have a legitimate objection.

Scenario: a large spread on a deal you worked hard to create

Sometimes a deal involves months of work: probate, clearing a lien, coordinating heirs. The spread reflects that work, but a seller seeing a large number on a settlement statement may still react badly. Some wholesalers choose a double close here. Others choose an assignment and explain up front what they do and why. The ethical and legal questions belong with your attorney. Our article on sending deals to us includes our thoughts on pricing a fee responsibly.

Scenario: an estate, a short deadline or a messy title

When the seller is a personal representative, the property is in probate, or a lien must be negotiated, the closing date is less predictable. A double close with transactional funding is harder to time when the first leg might slide. An assignment, or a direct purchase by the end buyer with your fee handled under a properly drafted agreement, can be more forgiving. Our inherited and probate property page and back taxes and liens page explain those situations from the seller’s side.

Scenario: commercial property or a portfolio

Commercial deals and multiple-property packages often involve entity purchases, tenant estoppels, longer due diligence and lender requirements on the end-buyer side. Structure becomes a legal design question. Get counsel early, and expect a buyer like us to need more time. See our commercial property page for what we buy.

What seller-side issues can undo an assignment or double close?

Many failed closings have nothing to do with the structure itself. They fail because the person who signed the contract could not actually deliver the property. Check these before you market anything:

• Everyone on title signed. Pull the vesting deed. If two people own it, both need to sign. A contract signed by one co-owner may not bind the other.
• The homestead spouse joined. If the seller is married and the home is their homestead, the spouse generally needs to join the deed even if not on title. Plan for that signature from day one.
• The seller has authority. Heirs do not automatically have power to sell a deceased owner’s house; usually a court-appointed personal representative or a completed probate proceeding is needed. Entities sell through authorized officers or managers, with documents to prove it.
• Foreclosure timing. If a foreclosure sale date is set, your closing must beat it, and a lender payoff or short sale approval may be needed. Our page on selling during foreclosure explains the seller’s perspective.
• The seller understands the deal. Explain, in plain words and in writing, that you may assign the contract or resell, and that the buyer at closing may be someone else. A seller who is surprised at the closing table can refuse to sign, and an angry seller is a risk to everyone.

What should you ask a Florida title company before you open the file?

Title companies are not all the same. Some close assignments every day; others have internal policies or underwriter guidance that make them cautious. Five minutes on the phone before you open the file can save a week later. Ask:

1. Do you close assignments of contract, and what do you need from me (signed assignment, seller consent, entity documents)?
2. Do you close double closings, and can the two legs close the same day?
3. Will you work with my transactional lender, and do you allow the end buyer’s funds to be used for the first leg? (Many will not.)
4. What will each party see on the settlement statements?
5. How will documentary stamp tax be calculated on this file, and who pays it under the contracts as written?
6. What are your fees for each leg, and how is title insurance handled?
7. What is your typical timeline for the title search, lien searches and municipal estoppels in this county?

When you send us a deal, tell us which title company holds the file and whether they have confirmed they will close your chosen structure. We often work with title companies wholesalers already use, and we can tell you if we see a timing issue.

Where do Florida assignments and double closes fall apart?

• The assignment is signed the day before closing. Title needs time to update the file, run searches on the new buyer and issue a new commitment. Sign the assignment as soon as the end buyer commits.
• The end buyer never saw the original contract. A buyer who discovers at closing that the contract has a short repair limit, a seller occupancy period or a different closing date may walk. Share the full contract before the assignment is signed.
• Funding for the first leg was assumed, not confirmed. If the transactional lender or title company says no on closing day, the double close collapses. Confirm in writing in advance.
• The property was marketed before it was under contract, or marketed as if you owned it. This creates legal risk and erodes trust with buyers. Market only what you control, accurately describe your interest, and keep copies of what you sent.
• Two buyers think they have the deal. Sending a contract to several buyers is normal; signing assignment agreements with more than one is not. Close out other conversations once you commit.
• Nobody planned for the seller’s payoff. Mortgages, liens, code fines, utility balances and unpaid taxes come out of the seller’s proceeds. If they exceed the price, the deal needs a short sale or a renegotiation before anyone can close.
• The spread does not survive the double close costs. Two deeds, two sets of fees and funding costs can turn a thin spread negative. Do the math first.

How does Libera Capital Group close assigned and double-closed deals?

We close both ways, using a Florida title company, and we choose based on your contract and the facts of the deal rather than a fixed preference. Our principals are licensed real estate brokers, but on these purchases Libera Capital Group buys as a principal for its own account and does not represent you, the seller or any other party. We cannot tell you which structure is legally right for your business; that is a question for your attorney. What we can do is tell you quickly whether the deal works for us. We aim to reply within one business day with a yes, no or counter, and proof of funds is available on request for deals under contract.

We only review deals that the sender has under contract or has written permission to present. We respect your contract: we work through you and the title company and do not contact your seller to go around your agreement. We do not pay referral fees to unlicensed parties where Florida law prohibits it. Libera Capital Group is a DiBe Company, based in Fort Myers, with Southwest Florida as our home market and deals reviewed statewide.

Ready to send one? Use the form below or our submit a deal page. If you want our current buy box and deal feedback on an ongoing basis, join our wholesaler network. Local guides for wholesalers cover Lee County, Collier County, Charlotte County and Sarasota County, and our Cape Coral wholesale deals guide digs into canal homes and utility assessments. Licensed agents with off-market listings can also see our real estate agent partner page, and sellers can learn how our direct purchase process works.

Frequently Asked Questions about Florida assignments and double closings

Send us a Florida deal you have under contract

Whether you plan to assign or double close, send the contract, the property details and your title company below. Questions? Call (239) 686-0823 or email acquisitions@liberacg.com. More wholesaler resources are on our blog, including wholesaling unfinished homes in Florida.