Texas wholesaling law · checked October 21, 2026
The short answer — Texas
Yes — if you disclose in writing, first. Texas lets you assign a contract without a license only on two conditions: you are not acting as a broker, and you disclose in writing — to the seller and to any buyer — that what you hold is an equitable interest, not title. Skip the disclosure and the same act is, by definition, unlicensed brokerage.
Rule: Tex. Occ. Code § 1101.0045 (SB 2212, 2017; amended SB 1577); Tex. Prop. Code § 5.0205 · In force: September 1, 2017; written disclosure to the seller since January 1, 2024 · Penalty if ignored: Without the written disclosure, assigning is brokerage by definition — and unlicensed brokerage in Texas is a Class A misdemeanor per offense (Occ. Code § 1101.758).
Checked October 21, 2026 against the official source: statutes.capitol.texas.gov. Information only — not legal advice.
Texas gives wholesalers a conditional exemption, and the condition is disclosure. Under Occupations Code § 1101.0045 you may sell or assign an option or contract interest without a license only if (a) you are not using the contract to engage in brokerage, and (b) you disclose in writing the nature of your equitable interest to any seller or potential buyer — 'in writing,' and to the seller, since January 1, 2024. The Property Code § 5.0205 adds the mirror duty: before entering a contract to sell an option or assign, disclose in writing to the buyer (only an option/contract interest, no legal title) and to the owner (you intend to sell or assign). TREC's guidance, after a 4,500-response survey, confirms: disclosed and not brokering, no license is needed. There is no deal cap.
No. Texas asks for written disclosure, not a license. Yes — if you disclose in writing, first. Texas lets you assign a contract without a license only on two conditions: you are not acting as a broker, and you disclose in writing — to the seller and to any buyer — that what you hold is an equitable interest, not title. Skip the disclosure and the same act is, by definition, unlicensed brokerage.
A true double close where you take title and resell as owner is a principal sale — the standard Texas posture for volume operators. The disclosure duties still apply to any option/contract sale.
Scope: Options and contract interests in Texas real estate. Cancellation: No wholesaling-specific cancellation window in Texas law. Source: official text / regulator page.
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