Updated 2026-09-29T00:00:00Z. Sources: wholesale_states.json (TX, GA, VA, NV, FL, CO, OH, CA assignment_note / licence_trigger fields).
"Assigning a contract" means you sign a purchase agreement to buy a
property, then -- before closing -- sell your *right to buy it* (your
equitable interest) to another buyer for a fee, instead of closing on the
purchase yourself. Every state we track allows this as a general matter.
What varies enormously, state by state, is **when doing it turns into
unlicensed real-estate brokerage.**
Most states have no wholesaling-specific statute at all. Instead, the
ordinary real-estate brokerage statute is the thing that can catch you:
**marketing or negotiating the sale of property you do not own, for
compensation, is what brokerage licensing is written to cover.** Simply
assigning your OWN contract right, without advertising someone else's
property as if it were listed for sale, is generally understood to sit
outside that.
Code Sec. 1101.0045 requires you to disclose that you hold only an
equitable interest (not title) when you sell an option or assign a
contract -- failing to disclose that is what triggers broker treatment.
Tex. Prop. Code Sec. 5.086 requires the same disclosure. See our
Texas tax-sale page for the fuller citation.
doing it a second time within any rolling 12-month period, for
compensation, is treated as brokerage (Va. Code Sec. 54.1-2100(iii), as
amended effective 2024-07-01). One assignment a year is fine; two is not.
645.230) -- and separately requires an NRS 645F license from the
Mortgage Lending Division for a "covered service" performed for a
homeowner *in foreclosure* for compensation, on top of the general rule.
wholesaling statute; each falls back to its general brokerage-licensing
trigger (marketing/negotiating another's property, or acting for
another, for compensation).
There is no single national rule. Before you assign a contract for a fee
in any state, check that state's specific page under Learn (or,
better, have a licensed attorney in that state confirm) whether your state
regulates the act (like Virginia's frequency rule), the disclosure
(like Texas), or simply falls back to the general brokerage-licensing
trigger.
This is general information, not legal advice, and rules change --
verify current rules with a licensed attorney in the relevant state before
acting.
This is general information, not legal advice. Verify current rules at the statute cited above before acting. Entity: Elite AI Holdings LLC.
Entity: Elite AI Holdings LLC. Correction / opt-out.
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