Guide · Structure

Double closing: where it helps, where it doesn't

The double close — you take title, even for an hour, then resell — is the internet's favourite answer to wholesaling law. Sometimes it is a real answer. Sometimes the statute saw it coming.

Where it does not help

Oklahoma: Double closing does NOT get you out of Oklahoma's rules — the statute's definition expressly covers it, including the SB 1075 disclosures.

Louisiana: Double closing does NOT get you out of Louisiana's rules — the definition expressly includes double closings where the buyer is not using its own funds, and marketing contract rights creates a presumption of wholesaling.

Pennsylvania: Double closing does not cure Pennsylvania: the Act 52 definition turns on promoting an equitable interest for a fee, and the contract disclosures still apply to a wholesale transaction.

Where it changes the analysis

Illinois: Taking title as a principal on both legs (a true double close) is one of the paths Illinois operators use instead of assigning — it changes the pattern analysis. Have an Illinois real estate attorney confirm the structure before you rely on it.

South Carolina: Taking title first (a true double close where you actually own the property before reselling) steps outside the statutory definition, which requires marketing before title. Confirm with a South Carolina attorney — the Commission is actively watching this space.

The pattern: a double close helps where the law targets assigning contracts, and fails where the law targets marketing or was drafted to name it. Structure is a legal question with a state-specific answer — ask it before the contract, not after the closing falls apart.