Assignment Fee

Definition: An Assignment Fee is a payment made to transfer contractual rights or interests from one party (the assignor) to another (the assignee). This fee compensates the original party or, in some cases, the overseeing entity, such as a landlord, lender, or developer, for processing or approving the assignment. Assignment fees are commonly found in real estate transactions, leases, and financing agreements.

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Assignment Fees in Florida Real Estate

An assignment fee is the profit earned by a Florida real estate investor who assigns their purchase contract to an end buyer before closing. This fee compensates the investor for finding and securing the deal, and is the foundation of wholesale real estate transactions.

How Wholesaling Works

The investor enters into a purchase contract with the seller at a negotiated price. Before closing, the investor assigns the contract to an end buyer at a higher price. The difference is the assignment fee. The investor never takes title to the property; they sell the contractual right to purchase. The end buyer closes directly with the original seller at the contract price plus the assignment fee.

Legal Considerations

Florida law permits contract assignments unless the contract prohibits them. However, the Florida Real Estate Commission has scrutinized wholesaling activities for potential unlicensed practice of real estate under Section 475.01. Investors who regularly market properties they do not own may be required to hold a real estate license. Assignment fees must be disclosed on the closing statement to ensure transparency.

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Barnes Walker Real Estate

Barnes Walker advises on real estate assignment transactions throughout Southwest Florida. Contact us for wholesale transaction guidance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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