Can any purchase contract be assigned?

Most contracts are assignable by default unless they say otherwise, but never rely on the default. Write assignability in explicitly — "Buyer: Your Name and/or assigns" plus a clause confirming the right to assign — so there is no argument later.

What happens if I can't find a buyer before closing?

You either close yourself, negotiate an extension, or exit through your inspection contingency and lose at most your earnest money. This is why contingency language and a realistic closing window matter more than beginners think.

How does the assignment fee actually get paid?

At closing, through the title company or closing attorney. The end buyer brings the full purchase price plus your fee; the settlement statement shows the assignment fee as a line item paid to you. Avoid off-closing side payments — they create disputes and look bad to everyone.

Do I really need an attorney to wholesale?

You need a state-specific contract reviewed by a local real estate attorney at least once, before your first deal. Wholesaling rules vary meaningfully by state — a one-hour review is cheap insurance against contracts that are unenforceable or marketing that crosses a legal line.

Assignment Contracts 101: How Wholesale Paperwork Works

This guide is general education, not legal advice. Laws vary by state — talk to a licensed attorney before acting on anything here.

The money in wholesaling moves through two pieces of paper. Understand what each one does and the whole model stops feeling mysterious. This guide explains the mechanics in plain English — it is education, not legal advice, and contract law is state-specific, so have a local real estate attorney review your documents before you use them.

The two documents

1. The purchase agreement (A-to-B). The contract between the seller (A) and you (B). It fixes the price, the closing date, your earnest money, and your contingencies. Once signed, you hold “equitable interest” — a real, transferable stake in the transaction. That interest is the thing you’ll sell.

2. The assignment agreement (B-to-C). The contract between you (B) and your end buyer (C). It transfers your position in the purchase agreement to the buyer for a fee, and it spells out that the buyer takes over all of your obligations — the price, the deadline, the deposit requirements — exactly as written.

After assignment, closing happens between A and C. You attend to collect a check, or don’t attend at all.

The clauses that matter in the purchase agreement

Buyer name: “Your Name and/or assigns.” The classic assignability signal — backed up by an explicit clause stating the buyer may assign the agreement without seller consent. Some sellers will push back; that’s a conversation to have up front, not a surprise at closing.
Inspection contingency. Your professional exit. A clause giving you 7–14 days to inspect and cancel for any reason means your worst case is a returned or forfeited earnest deposit, not a lawsuit for failing to perform.
Earnest money. Keep it modest ($100–$1,000 is common on wholesale deals) and know exactly when it goes “hard” (non-refundable).
Closing window. Give yourself enough runway to market the deal — 30 days is typical. A 10-day close with no buyer lined up is how wholesalers get squeezed.
Access clause. The right to show the property to “partners, contractors, and associates” — which is how your end buyers walk it before committing.

The clauses that matter in the assignment

Total consideration. The buyer’s all-in number: contract price plus your assignment fee, stated plainly. Sophisticated buyers will see the fee on the settlement statement anyway — hiding it only breeds renegotiation.
Non-refundable assignment deposit. Collect $2,000–$5,000 from the end buyer when they sign. A buyer with no skin in the game is a buyer who ghosts on closing day.
“As-is, step-into-shoes” language. The buyer accepts the purchase agreement exactly as written and assumes every obligation in it.
Disclosure. State clearly that you are assigning a contract position for a fee and are not the owner. Transparency here is both an ethics baseline and, in a growing number of states, a legal requirement.

Assignment vs. double close

Assignment is the default because it’s cheap — one closing, your fee on the settlement statement. But sometimes you’ll double close instead: actually buy the property (A-to-B closing) and resell it minutes or days later (B-to-C closing). Wholesalers do this when the spread is large enough that showing the fee would blow up the deal, or when a lender or seller won’t allow assignment. It costs a second set of closing fees and may require short-term transactional funding, so run the math both ways.

Where the paperwork meets the numbers

A perfect contract on a bad deal is still a bad deal. Before you sign anything, know the property’s after-repair value, the repair estimate, and the ceiling a cash buyer will actually pay — the free MAO calculator gives you that number from the 70% rule in seconds. This is also where PropTitan earns its keep in a wholesale operation: it runs the comps, repair estimate, and offer math on any address before you commit earnest money, so the contract you sign is one your buyers list will actually want. See the deal analysis feature for how that fits into the workflow.

The mistakes that cost real money

Marketing the property instead of the contract. In several states, advertising a house you don’t own is treated as unlicensed brokerage. Market your contract position and disclose your role.
No inspection contingency. One surprise foundation crack and you’re choosing between closing on a bad deal or breaching.
Letting the buyer’s deposit slide. No assignment deposit means no committed buyer.
Copy-pasted internet contracts. State law varies on disclosures, earnest money handling, and assignment restrictions. Pay for the attorney review once; reuse the documents forever.

Get the two documents right, keep the disclosure clean, and the paperwork side of wholesaling becomes boring — which is exactly what you want it to be.