Is Wholesaling Legal in Florida? Laws & Rules (2026)

Is wholesaling legal in Florida?

Quick answer

Florida has not enacted a wholesaling-specific law, and no 2025 or 2026 wholesaling bill was found. Chapter 475, Florida Statutes, requires a license to sell, buy, negotiate or advertise real property for another for compensation, and agreements to pay an unlicensed person for brokerage services are unenforceable (§ 475.41). Wholesalers who market the property itself rather than their contract interest risk FREC/DBPR enforcement.

Yes, wholesaling is legal in Florida, and the state has not passed a wholesaling-specific law. The rules come from Chapter 475, Florida Statutes, which requires a license to sell, buy, negotiate or advertise real property for another person for compensation. Two parts of Chapter 475 matter most to wholesalers. Section 475.41 makes agreements to pay an unlicensed person for brokerage services unenforceable, so a wholesaler acting as a middleman may be unable to collect. Section 475.42 sets out penalties, alongside DBPR administrative fines and cease-and-desist orders. No 2025 or 2026 wholesaling bill was found on the Florida Senate's site; HB 607 (2026) dealt with FREC structure and continuing education, not wholesaling. One tracker claimed FREC held hearings on the topic in late 2025, but that could not be confirmed. The safe line is the familiar one: market your contract, not the house.

Florida at a glance

Status: General license law
License required to wholesale?: Not for wholesaling as such; general license law applies
Seller cancellation / disclosure rights?: No wholesaling-specific right found
Key law: Fla. Stat. §§ 475.01, 475.41, 475.42
Regulator: Florida Real Estate Commission (FREC), within the Department of Business and Professional Regulation (DBPR)
Transfer tax: Florida's documentary stamp tax on deeds is $0.70 per $100 of consideration in every county except Miami-Dade, where it is $0.60 per $100 for single-family homes and $1.05 per $100 for other property. By custom the seller usually pays, but it is negotiable.
Closings: Florida does not require an attorney at closing; a licensed title agent or a Florida Bar attorney may conduct the closing, according to the Department of Financial Services.
Last reviewed: Nov 6, 2026

What Florida requires from wholesalers

Market and assign only your contract (equitable) interest; do not list or advertise the property as if you own it or represent the seller
Do not collect fees for brokering others' transactions without a license (Ch. 475)
Disclose your intent to assign in the purchase contract (best practice)

How to wholesale legally in Florida: step by step

1
Contract to buy in your own name or entity with language that allows assignment. Read any standard form carefully, since assignability terms differ between forms and the seller must agree to them before you can transfer your rights.
2
Advertise your contract interest to investors rather than listing the property as if you owned it or represented the seller. Advertising property for others is licensed activity under Chapter 475, and DBPR can act on complaints about it.
3
Collect only an assignment fee or resale profit on your own contract. Under § 475.41, a deal to pay an unlicensed person for brokerage is unenforceable, so a fee for brokering may be impossible to collect.
4
Tell the seller in writing that you may assign the contract, and tell the end buyer what you hold. Florida has no statutory wholesale disclosure, but clarity reduces complaints to DBPR.
5
Choose a closing agent early. A licensed title agent or Florida Bar attorney can close, and an attorney is not required. Ask whether the agent handles assignments and double closes, since not every title office is comfortable with both.
6
Calculate documentary stamp tax before deciding how to exit. At $0.70 per $100, each deed on a $300,000 property costs $2,100, and Miami-Dade uses different rates, so a double close there can cost more or less depending on property type.

Seller protections and penalties in Florida

Penalties: Unlicensed brokerage can lead to DBPR administrative fines and cease-and-desist orders and criminal charges under § 475.42; compensation agreements for unlicensed brokerage are unenforceable (§ 475.41).

Assignment vs. double close in Florida

Florida's documentary stamp tax is the main reason the two exits cost different amounts. With an assignment, one deed is recorded, so doc stamps of $0.70 per $100 are paid once, usually by the original seller by custom, and your fee appears on the closing statement. A double close records two deeds. On a $300,000 resale that is roughly $2,100 in doc stamps on each deed, and as the seller on the second deed you would customarily pay that leg. In Miami-Dade the rate is $0.60 per $100 for single-family homes, but non-single-family property carries a combined $1.05 per $100, which raises the cost of a double close there. A double close also requires cash to complete the first purchase. Some wholesalers still choose it to avoid disclosing a large spread. Either way, Chapter 475 is satisfied the same way: you sell your own contract or your own property, not someone else's.

Transfer tax: Florida's documentary stamp tax on deeds is $0.70 per $100 of consideration in every county except Miami-Dade, where it is $0.60 per $100 for single-family homes and $1.05 per $100 for other property. By custom the seller usually pays, but it is negotiable.

Closings: Florida does not require an attorney at closing; a licensed title agent or a Florida Bar attorney may conduct the closing, according to the Department of Financial Services.

Local rules: Miami-Dade adds a $0.45 per $100 surtax on deeds for property other than single-family residences, so double closing condos, multifamily or commercial property there costs more per deed.

Compare your net both ways with the double close calculator. If you double close, transactional funding can cover the A-to-B purchase.

Compliance mistakes to avoid in Florida

Advertising a seller's house on listing sites or social media as if it were yours, which can be treated as advertising property for another without a license.
Structuring your fee as payment for finding a buyer, which § 475.41 can make unenforceable if the seller or buyer refuses to pay.
Forgetting Miami-Dade's $0.45 per $100 surtax on non-single-family property when pricing a double close of a condo, duplex or commercial building.
Assuming that no new bill means no enforcement; DBPR can issue fines and cease-and-desist orders for unlicensed brokerage under existing law.

Real estate licensing in Florida

Real estate licensing in Florida is overseen by Florida Real Estate Commission (FREC), within the Department of Business and Professional Regulation (DBPR).

Sales associate applicants complete a 63-hour FREC-approved pre-license course (Course I) and then pass the state exam. Licensing requirements

Running the numbers on a Florida deal

Compliance is half the job; pricing is the other half. Use the wholesale MAO calculator to work backward from your end buyer's costs, estimate value with the ARV calculator, budget repairs with the rehab cost estimator, and sanity-check with the 70% rule. New to the math? Start with how to calculate MAO.

Most Florida end buyers use a lender. Jaken Finance Group funds fix-and-flips up to 100% of total cost on qualified deals, typically in 7–10 business days on a complete file — see Florida investor loans or our end-buyer financing guide.

Florida wholesaling FAQ

Do you need a license to wholesale in Florida?

Not if you act as a principal assigning your own purchase contract. Florida has no wholesaling statute. Under Chapter 475, you need a license to sell, buy, negotiate or advertise real property for another person for compensation, so marketing a property you do not control or acting as a paid middleman can require one.

Is wholesaling legal in Florida in 2026?

Yes. No 2025 or 2026 wholesaling bill was found on the Florida Senate's site, and the 2026 HB 607 concerned FREC structure and continuing education rather than wholesaling. Reports that FREC held wholesaling hearings in late 2025 could not be confirmed. Chapter 475's licensing rules remain the governing law.

What happens if you wholesale without a license in Florida?

If your activity amounts to unlicensed brokerage, DBPR can impose administrative fines and issue cease-and-desist orders, and § 475.42 provides for criminal charges. Section 475.41 also makes agreements to pay unlicensed persons for brokerage unenforceable, so you may not be able to collect your fee. Exact penalty levels were not verified for this guide.

How much are doc stamps on a deed in Florida?

Documentary stamp tax on deeds is $0.70 per $100 of consideration, rounded up, in every county except Miami-Dade. A $250,000 sale carries $1,750. By custom the seller usually pays doc stamps on the deed, but the contract can change that, and a double close triggers the tax on both deeds.

What are the doc stamp rates in Miami-Dade County?

Miami-Dade charges $0.60 per $100 on deeds for single-family residences. For other property, a $0.45 per $100 surtax applies on top, for a total of $1.05 per $100. That makes double closes on condos, multifamily or commercial property in Miami-Dade noticeably more expensive than a single assignment.

Do you need an attorney to close a wholesale deal in Florida?

No. Florida's Department of Financial Services says an attorney or a licensed title agent may conduct real estate closings. Title agents cannot give legal advice, so wholesalers may still want a Florida attorney to review assignment clauses, resolve title problems or handle a seller who refuses to close.

How do you get a real estate license in Florida?

Complete the 63-hour FREC-approved sales associate pre-license course, known as Course I, and then pass the state exam. Online, self-paced courses are available from approved providers. Non-residents can take the course but must meet Florida's eligibility requirements to be licensed. A license is optional for principal wholesaling.

Can you double close a wholesale deal in Florida?

Yes. Florida law does not prohibit a double close, where you buy the property and resell it, often on the same day. Expect two deeds, two closing statements and documentary stamp tax on each deed, which you would customarily pay as seller on the second leg. You also need cash to complete the first purchase, since the resale funds arrive only at the second closing.

Statutes, rules and sources

Fla. Stat. §§ 475.01, 475.41, 475.42
Chapter 475 - Real Estate Brokers, Sales Associates, Schools and Appraisers

Last reviewed Nov 6, 2026. This page summarizes public sources for general information and isn't legal advice. Local rules may also apply — confirm with a licensed Florida real estate attorney before you contract.

Florida real estate wholesaling laws (2026)