Wholesaling Land in Florida: Laws, Assignments & Closes

Wholesaling land in Florida is legal when you sell your own contract rights, not someone else’s property. You put a lot under contract as a principal buyer, then either assign that contract to an end buyer for a fee or close on it yourself and resell it the same day (a double close). As of September 2026, Florida has not passed a wholesaling-specific statute, so the main rules are still the real estate licensing law in Chapter 475 and general contract, disclosure and telemarketing law.

This guide is general information for land wholesalers and investors. It is not legal advice. Talk to a Florida real estate attorney before you market contracts, sign assignment agreements or run a calling campaign.

What is land wholesaling?

Land wholesaling means getting a vacant lot or acreage under a purchase contract at a discount, then transferring the deal to another buyer before or at closing. Your profit is the spread between your contract price and what the end buyer pays.

In practice, most land wholesaling in this region happens on pre-platted lots in places like Lehigh Acres, Cape Coral, North Port and Port Charlotte, plus rural acreage around LaBelle and the lot subdivisions near Ocala. Owners are often out of state and may owe back taxes or utility assessments.

Florida Chapter 475: where wholesalers get into trouble

Florida’s real estate licensing law is Chapter 475 of the Florida Statutes. Three sections matter most to a wholesaler.

1. The definition of “broker” (s. 475.01)

Florida defines a broker as a person who, for another and for compensation (or the expectation of it), sells, buys, exchanges or offers or negotiates the sale of real property, or helps procure buyers or sellers. The key words are “for another.” When you market a property you do not own, for a fee, you can look like you are acting for the seller.

2. The owner exemption (s. 475.011)

Chapter 475 does not apply to a person or entity that sells, exchanges or leases its own real property. Wholesalers rely on the idea that a signed purchase contract gives them their own interest (equitable interest) that they can sell. That is why compliant wholesalers market “my contract” or “assignment of my purchase contract,” not “this lot for sale.”

3. Penalties and presumptions (s. 475.42 and s. 475.43)

Operating as a broker without an active license is a third-degree felony under s. 475.42(1)(a). Section 475.43 also creates a presumption that someone acted as a broker if they offered real estate for sale when title was not in their name, and it says contracts and options not based on substantial consideration can be treated as void devices. In plain terms: a flimsy $10 contract used only as a marketing license is exactly what regulators look for.

Practical takeaways

Market your contract position, and say clearly that you are assigning a contract, not listing the property.
Put real earnest money down and sign a real purchase agreement you are able and willing to close on.
Do not call yourself an agent, do not promise the seller you will “find a buyer,” and do not take fees from the seller.

Florida wholesaling legislation, 2024 to 2026

No Florida wholesaling-specific law passed in the 2024, 2025 or 2026 sessions. We checked Florida Realtors’ session reports for all three years and independent session roundups, and none of them list a bill regulating wholesaling or requiring assignment disclosures. The real estate licensing bills that did get attention were about the Florida Real Estate Commission itself: HB 1461 (2025) and HB 607 (2026) would have abolished the commission, and neither passed.

Other states have acted. In 2025, Connecticut, Maryland, North Dakota, Oklahoma and Tennessee passed wholesaling laws, mostly requiring written disclosures to sellers and limits on marketing. Florida could follow, so build disclosure into your process now. Check the Florida Senate bill search before each new session.

Assignment vs double close: which one to use

	Assignment of contract	Double close
How it works	You transfer your buyer rights to the end buyer for an assignment fee.	You buy from the seller (A-to-B), then sell to your buyer (B-to-C), usually the same day.
Deeds recorded	One: seller to end buyer.	Two: seller to you, you to end buyer.
Fee visibility	Your fee usually shows on the settlement statement.	Your spread is less visible, but both sale prices become public record.
Cost	Lower. One set of closing costs.	Higher. Two closings, and Florida documentary stamp tax on each deed (70 cents per $100 of consideration under s. 201.02).
Funding	End buyer’s money pays the seller.	You need your own cash or transactional funding for the A-to-B leg.
Best for	Most lot deals with a reasonable fee.	Larger spreads, contracts that bar assignment, or buyers who won’t close on an assignment.

Transactional funding

Transactional funding is a short-term loan, often for a single day, that pays for the A-to-B purchase in a double close. The lender is repaid from the B-to-C sale proceeds at the same title company. Fees are usually a percentage of the amount borrowed.

How Florida title companies handle wholesale deals

Title companies set their own underwriting rules, so ask before you sign. Common practices include:

Requiring the purchase contract to allow assignment (for example, “Buyer and/or assigns”).
Showing the assignment fee on the settlement statement so the seller sees it.
Asking the seller to sign an acknowledgment of the assignment.
Declining double closes with transactional funding, or requiring the end buyer’s funds to be in escrow first.
Running full title early, which matters on land. Old lots often carry tax certificates, code liens, utility assessments or missing heirs.

Disclosure best practices for land wholesalers

Even without a Florida wholesaling statute, clear disclosure protects you from misrepresentation claims and keeps title companies willing to work with you.

Tell the seller you are an investor who may assign the contract or resell for a profit. Put it in the contract in plain words.
Don’t imply you are a licensee or that you are listing their property.
Give a real inspection period and say what you will check: title, utilities, flood zone and access.
Disclose known issues to your buyer: back taxes, assessments, code liens on the lot, no legal access, or wetlands.
Keep your deposit at risk once inspections end. Sellers and judges look at whether you were a real buyer.

Finding motivated land sellers

Tax-delinquent lists

Florida property taxes become delinquent on April 1 after the year they are assessed (s. 197.333). The county tax collector then sells tax certificates. A certificate holder can apply for a tax deed once two years have passed since April 1 of the year the certificate was issued (s. 197.502). Owners facing a tax deed sale have a clear reason to sell, and a quick cash offer can pay off the taxes at closing. Delinquency data is public through each county tax collector. Our guide on selling Florida land with back taxes explains the seller side.

Out-of-state and inherited owners

Filter the property appraiser roll for vacant land codes with a mailing address outside Florida. In Lee County, Charlotte County and Sarasota County, a large share of platted lots are owned by people who have never seen them. Heirs who inherited a lot are another strong list, since many live far away and never planned to build. See selling inherited land in Florida and how to find who owns a lot in Lee County.

Assessment and lien lists

Cape Coral lots in utility extension areas carry special assessments, and owners who fall behind are often ready to sell. The blog post on an unpaid Cape Coral UEP assessment covers how that plays out.

Ethical marketing: TCPA and Do Not Call basics

Cold calling and texting are where wholesalers take the most legal risk. Treat these as minimum rules, and get your attorney’s sign-off on your process.

Scrub against the National Do Not Call Registry. The FTC requires telemarketers who must use it to update their lists at least every 31 days.
Scrub the Florida “no sales solicitation calls” list kept by the Department of Agriculture and Consumer Services (s. 501.059).
Get prior express written consent before automated calls or texts. The Florida Telephone Solicitation Act (s. 501.059(8)) bars unsolicited sales calls made with an automated dialing system or recorded message without it. The federal TCPA has its own consent rules. (A 2025 Eleventh Circuit ruling struck down the FCC’s “one-to-one” consent rule, but the core consent requirements remain.)
Respect calling hours and frequency. Florida bars commercial solicitation calls before 8 a.m. or after 8 p.m. in the called person’s time zone, and more than three calls in 24 hours on the same subject (s. 501.616(6)).
Honor “STOP” right away. Florida gives a 15-day window after an opt-out before a texting claim can be brought, but best practice is to stop the same day.
Be truthful in mail and ads. No fake “final notice” letters that mimic government mail.

Have a lot under contract right now? Submit your land deal to SWFL Land and get a clear yes or no, usually within 24 hours. If you want a quick number first, run the address through our instant lot value tool.

How selling your land contracts to SWFL Land works

SWFL Land is a direct buyer of vacant land and lots in Lee, Collier, Charlotte, Sarasota and Hendry counties, plus Ocala and Marion County and Miami-Dade. We buy from owners, and we buy deals from wholesalers and agents. Here is the process:

Send the deal. Use the wholesaler deal submission page with the parcel ID, your contract price, your asking price, closing date and any known issues.
We review it. We check the parcel, utilities, flood zone, access and comps against our land buy box. Offers usually come within 24 hours.
Assignment or double close. We can close on an assignment or a double close. Tell us which your contract allows.
Close with a Florida title company. Title is examined, liens and taxes are handled at closing, and you are paid through the settlement statement.

We also buy the tricky ones: probate and inherited lots, hurricane-damaged land, and deals where the seller wants owner-financing terms or a subject-to structure. For the full picture of who else buys land and how to pick an exit, read who buys land in SWFL. Before you set your price, use how to comp vacant land and the Florida land due diligence checklist. For county-specific rules, start with the Lee County land guide or browse all the areas we buy.

Frequently Asked Questions

Is wholesaling land legal in Florida?

Yes, when you sell your own contract rights as a principal. Florida’s licensing law, Chapter 475, requires a license to sell property for another person for a fee, and unlicensed brokerage is a third-degree felony. Wholesalers stay on the right side by signing a real purchase contract, marketing only their contract position and disclosing the assignment.

Did Florida pass a wholesaling law in 2024, 2025 or 2026?

No. No wholesaling-specific bill passed in the 2024, 2025 or 2026 Florida sessions. The rules come from Chapter 475, contract law and consumer protection law. Several other states, including Tennessee, Oklahoma and Maryland, passed wholesaling laws in 2025.

What is the difference between an assignment and a double close?

An assignment transfers your buyer rights to the end buyer, so there is one closing and one deed. A double close is two back-to-back purchases, seller to you and you to the end buyer, which means two sets of closing costs and documentary stamp tax on both deeds.

Do I need transactional funding to double close?

Only if you don’t have the cash to fund the first purchase. Transactional funding is a short-term loan, often same-day, that is repaid from the second sale at the same title company. Confirm your title company allows it before you commit.

Can I advertise a lot I have under contract?

Advertise your contract, not the property as if you own it or represent the owner. State that you are assigning a purchase contract. Using a listing-style ad for land you don’t own is how wholesalers end up facing unlicensed brokerage claims.

Can I text land owners from a skip-traced list?

Be careful. Florida’s Telephone Solicitation Act requires prior express written consent for automated sales calls and texts, and Florida bars solicitation calls before 8 a.m. or after 8 p.m. Scrub the national and Florida do-not-call lists and have an attorney review your process.

Does SWFL Land buy wholesale land deals?

Yes. Submit the parcel and terms on our wholesaler page. We buy lots and acreage across Lee, Collier, Charlotte, Sarasota and Hendry counties, Ocala and Miami-Dade, usually reply within 24 hours, and close through a Florida title company by assignment or double close.

Ready to move a contract? Send us your land deal for a fast answer, or request a cash offer if you own the lot yourself.

Wholesaling Land in Florida: Assignments, Double Closes & the Rules