Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes. Ensure intent, consent, attribution, and retention requirements are met. Exceptions such as wills or certain court filings still require paper or specific formalities.

Are notarization or witnesses required?

Notarization and witness requirements vary by state and by document type. Deeds typically require a notary; some states require witnesses for deeds or POAs. Verify local rules and RON availability with the state notary commission before relying on remote notarization.

How do I correct a signed mistake?

Minor errors may be corrected by mutual written amendment or addendum signed by all parties. Do not alter executed pages; create an amendment that references the original agreement and states effective date. For major errors, consult counsel before rescission or reformation.

Can I assign without seller consent?

Whether assignment requires seller consent depends on the original purchase agreement and local law. Many contracts prohibit assignment without consent; others permit assignment but impose notice requirements. Review the primary purchase contract and seek legal advice when in doubt.

What signatures are binding?

Binding signatures are those executed by authorized individuals or authorized representatives of entities. For corporations or LLCs, include the signer’s title and evidence of authority. Electronic signatures meeting intent and attribution requirements are generally binding under ESIGN/UETA.

How long should I keep the executed agreement?

Retain the executed agreement for the active term plus additional years per law: at least three years for tax‑related records (IRC §6501(a)), seven years for many real estate matters, and six years for HIPAA‑covered records (45 CFR §164.530(j)); confirm state variations.

Electronic Signature
Templates
Real estate
Real Estate Co-Wholesaling Agreement

Real Estate Co-Wholesaling Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

REAL ESTATE CO-WHOLESALING AGREEMENT

This Real Estate Co-Wholesaling Agreement (the Agreement) is entered into as of day of , by and between the parties set forth below.

PARTIES

Party A (Primary Wholesaler) Party A Contact Party A Email / Phone Party B (Co-Wholesaler) Party B Contact Party B Email / Phone

RECITALS

WHEREAS Party A and Party B desire to cooperate to locate, contract for, assign, or otherwise market certain real property interests for the purpose of wholesaling or assigning purchase contracts to end buyers; and

WHEREAS the parties desire to set forth their respective duties, compensation splits, and the terms under which earnest money, assignment fees, and related proceeds shall be handled.

PROPERTY IDENTIFICATION

Property Street Address Parcel / APN Number Legal Description

SCOPE OF COOPERATION

The parties agree to cooperate in locating buyers, negotiating purchase contracts, marketing assignment rights, and performing such actions as are reasonably necessary to effect an assignment or closing. Primary responsibilities shall be allocated as follows:

Primary responsibilities (describe) Secondary responsibilities (describe)

The parties acknowledge and agree that neither party shall take unilateral actions that materially bind the other without prior written consent, except as necessary to preserve contract rights or to perform duties expressly assigned herein.

FINANCIAL TERMS

Purchase Price/Contract Price: $

Total Assignment Fee: $

Payment Split: Party A shall receive and Party B shall receive of net assignment proceeds after escrow fees and closing costs.

Earnest Money / Deposit Handling

Closing Date (anticipated): Possession Date:

Payment Terms and Timing

DUAL REPRESENTATION, LICENSES, AND DISCLOSURES

Each party represents that it is duly authorized to perform its obligations hereunder, that it holds any licenses required by applicable law for the activities undertaken, and that it will make all disclosures required by law to buyers, sellers, and escrow.

Property Condition & Known Issues (select applicable)

Lead-based paint known Lead-based paint not known

Mold or water intrusion known Mold none known

Prior structural or fire damage known No prior structural or fire damage known

REPRESENTATIONS, WARRANTIES, AND COVENANTS

Each party represents and warrants that: (a) it has full power and authority to enter this Agreement; (b) any information provided to the other party relating to contracts, property condition, and title is true and complete to the best of its knowledge; and (c) it will cooperate in good faith to effect an assignment or closing.

Additional Warranties or Covenants

INDEMNIFICATION AND LIMITATION OF LIABILITY

Each party shall indemnify, defend and hold harmless the other party from any third-party claims, damages, liabilities, costs, and expenses arising from that party's breach of this Agreement, negligence, or willful misconduct. Neither party shall be liable for consequential or punitive damages except for willful misconduct or gross negligence.

DEFAULT, REMEDIES, AND TERMINATION

In the event of a material breach by a party, the non-breaching party shall provide written notice specifying the breach and a period of ten (10) business days to cure. If the breach is not cured within such period, the non-breaching party may pursue all remedies at law or equity, including specific performance, injunctive relief, or damages. This Agreement may be terminated by mutual written consent or by either party upon material uncured breach as set forth above.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered personally, by certified mail, or by nationally recognized courier to the addresses below or such other address as a party designates in writing.

Notice Address for Party A Notice Address for Party B

MISCELLANEOUS

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the property is located, without regard to conflicts of law principles.

Entire Agreement; Amendment: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements. This Agreement may be amended only by a writing signed by both parties.

Additional Provisions

CERTIFICATION

Each party certifies that the information provided in this Agreement and any attachments is true and correct to the best of its knowledge and that the person signing below is authorized to bind such party.

Party A:

By:

Date:

Party B:

By:

Date:

What a Real Estate Co-Wholesaling Agreement Is

A Real Estate Co-Wholesaling Agreement defines the terms between two investors (the primary wholesaler and a co-wholesaler or assignee) who collaborate to locate, contract for, and assign an interest in residential or commercial property prior to closing. The agreement specifies each party's roles, assignment fee or split of profit, earnest money responsibilities, inspection and contingency rights, closing timeline, and default remedies. It commonly includes representations and warranties, indemnities, and escrow instructions. When executed properly and supported by clear signatures and required disclosures, the document enables coordinated sourcing and assignment of property without altering title ownership until closing.

Why this Agreement Matters for Co-Wholesaling

A Real Estate Co-Wholesaling Agreement clarifies responsibilities, protects earnest money, records the assignment fee split, and reduces disputes between partners. It documents contingencies and performance milestones, creating enforceable expectations that simplify coordination and support smoother closings when parties adhere to the contract.

Who Typically Uses a Co-Wholesaling Agreement

Primary users include independent wholesalers, investor partners, and small real estate firms collaborating to secure, inspect, and assign property contracts in wholesale transactions.

Independent wholesalers and bird dogs who locate off-market deals and initiate contracts.
Rehabbers and buy-and-hold investors seeking assignable contracts to acquire discounted properties.
Title officers, escrow agents, and closing attorneys facilitating assignment or double‑close transactions.

Real estate brokers should review state licensing rules before participating; parties often use escrow and clear compensation terms to reduce regulatory risks.

Core Sections to Include in a Professional Agreement

A professional Real Estate Co-Wholesaling Agreement includes defined parties, assignment terms, escrow and deposit rules, contingencies, representations, and closing procedures to allocate rights and responsibilities clearly.

Parties & Definitions

Identify wholesaler, co-wholesaler, assignee, seller, and any entities, including EINs or LLC filing names, and specify capacity to bind the party. Provide contact and registered agent details for notification.

Assignment Clause

Describe whether a full assignment or equitable assignment is intended, state assignment fee, conditions, and whether notice to seller is required; include timeline for recording or closing.

Deposit & Escrow

Specify earnest money amount, escrow holder, deposit deadlines, release conditions, and instructions for disbursement if contingencies are waived or breached, and recordkeeping requirements.

Contingencies

Include inspection, appraisal, title review, financing, and occupancy contingencies with explicit cure periods and termination rights tied to missed deadlines and examples of acceptable defects and repair obligations.

Representations

List seller and wholesaler warranties about ownership, authority to assign, liens, and material facts about the property, and require prompt notice of discovered defects.

Closing Terms

Define closing mechanics, whether an assignment or double‑close will be used, allocation of closing costs, and steps for delivering executed documents to title or escrow.

Step-by-Step: Execute and Assign a Wholesale Contract

Follow these steps to prepare, sign, and assign a wholesale contract efficiently while protecting deposits and clarifying performance obligations.

01

Draft Agreement: Use precise terms and include assignment and fee provisions.
02

Confirm Parties: Verify identities, entity status, and authority to sign.
03

Collect Signatures: Obtain signatures from all parties; consider eSignature and notarization.
04

Fund/Escrow: Deposit earnest money per agreement and confirm escrow receipt.

Setting Up a Digital Workflow for the Agreement

Configure a digital workflow to track document status, authenticate signers, and automate reminders for timely completion.

Document Workflow Setting and Configuration	Recommended configuration and brief rationale
Document Upload and File Format	PDF preferred; accept DOCX; avoid scanned low-resolution images.
Signer Order, Roles and Permissions	Define primary wholesaler then co-wholesaler; set approver role.
Authentication Method and Strength Level	Email link plus SMS code recommended; use KBA for high-risk.
Automated Reminder Schedule and Frequency	Send reminders at 2, 5, and 10 days after delivery.
Retention, Export and Archive Settings	Retain signed copy for required period; export PDF/A for records.

How Online Signing Works for Co-Wholesaling Agreements

A simple online signing flow streamlines execution and captures an audit trail for each action, improving enforceability and recordkeeping.

Upload Document: Upload final PDF to the signing platform.
Place Fields: Add signature, initials, and date fields where required.
Send to Signers: Send email links or signNow invitations with signer order.
Complete & Archive: Signed copies and certificate of completion saved to archive.

Technical and Security Requirements for Digital Execution

Ensure your eSignature platform supports secure file formats, integrations, and authentication suitable for real estate transactions.

File types: PDF and Word DOCX files supported
Integrations: Salesforce, Microsoft 365, NetSuite, Google Workspace
Security controls: TLS 1.2/1.3 in transit; AES-256 at rest

Penalties and Risks of an Incorrect Agreement

Breach of Contract: Damages, specific performance, litigation risk

Deposit Forfeiture: Loss of earnest money

Title Defects: Delayed closings, additional costs

Regulatory Risk: Licensing issues for unlicensed activity

Incorrect Parties: Contract voidability or enforcement issues

Tax Reporting: Incorrect filings or withholding exposure

Common Preparation Mistakes to Avoid

Ambiguous assignment language that fails to specify whether a full legal assignment or equitable assignment is intended can lead to disputes and court challenges over enforceability.
Using informal or mismatched party names, including nicknames or DBA names without legal entity information, often causes title and signature attribution issues at closing.
Failing to state escrow instructions, timing of deposits, or who holds funds increases the risk of misapplied earnest money and post‑execution disputes.
Neglecting contingency deadlines for inspections, financing, or title review may remove parties' exit rights and trigger unintended performance obligations.

Real‑World Scenarios for Co-Wholesaling Agreements

Two short scenarios show how co-wholesaling agreements allocate fees, manage escrow, and resolve assignment timing in practical deals.

Rehab Investor Deal

A wholesaler contracts a distressed single-family home and assigns contractual interest to a rehab investor before closing to fund repairs.

Assignment fee split agreed in advance.
The agreement specified inspection contingencies, escrow holder, deposit handling, and exact fee split; clear terms prevented a post-closing dispute and allowed the rehab investor to proceed with financing and renovation.

Double-Close Coordination

Two investors used a co-wholesaling agreement to coordinate a double-close with a title company and a short closing window.

Escrow instructions aligned with title.
Explicit assignment and funding timelines, plus escrowed earnest money and a clear division of costs, ensured the double-close completed on schedule and avoided claims about unapproved assignments or fee splits.

Best Practices to Reduce Risk and Speed Closing

Best practices reduce risk and speed closings; follow consistent templates, verify identities, and coordinate with title and escrow providers.

Use standardized, attorney‑reviewed templates for key clauses

Adopt a consistent form reviewed by counsel to ensure assignment language, escrow instructions, and remedies are enforceable. Limit bespoke clauses to negotiated points and document any verbal agreements in writing to avoid ambiguity.

Verify signer identity and authority in writing

Collect government‑issued ID copies or rely on electronic identity proofing when available; for entities, confirm officer authorization or a board resolution. Mismatched names are a leading cause of delays at closing.

Specify escrow holder and instructions clearly

Name the escrow agent, specify account and disbursement conditions, record deposit deadlines, and describe refund triggers. Clear escrow terms avoid disputes and enable title companies to process closings without conflicting instructions.

Include inspection and financing deadlines

Set explicit timeframes for inspections, repairs, financing approval, and title objections. Tie those dates to remedy and termination clauses so parties understand their obligations and the consequences of missed deadlines.

Typical Signers and Their Roles

Independent Wholesaler — Principal

An experienced independent wholesaler sources off‑market properties, negotiates contracts, and assigns interests. Their agreement role includes defining assignment fees, escrow deposits, and contingency timelines to enable smooth handoffs to investors or co-wholesalers.

Title Company Representative — Closing Agent

A title or escrow officer reviews assignment language, confirms escrow instructions, and ensures proper disbursement at closing. They may require original documents, notarizations, or additional identity verification before recording or funding.

eSignature Pricing and Plan Features Comparison

Compare basic eSignature pricing and key plan features relevant to executing Real Estate Co-Wholesaling Agreements across common vendors.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 env/user/yr	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions — Practical Answers

Answers to common questions about enforceability, notarization, electronic signing, corrections, and recordkeeping for Real Estate Co-Wholesaling Agreements in the United States.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes. Ensure intent, consent, attribution, and retention requirements are met. Exceptions such as wills or certain court filings still require paper or specific formalities.
Are notarization or witnesses required?
Notarization and witness requirements vary by state and by document type. Deeds typically require a notary; some states require witnesses for deeds or POAs. Verify local rules and RON availability with the state notary commission before relying on remote notarization.
How do I correct a signed mistake?
Minor errors may be corrected by mutual written amendment or addendum signed by all parties. Do not alter executed pages; create an amendment that references the original agreement and states effective date. For major errors, consult counsel before rescission or reformation.
Can I assign without seller consent?
Whether assignment requires seller consent depends on the original purchase agreement and local law. Many contracts prohibit assignment without consent; others permit assignment but impose notice requirements. Review the primary purchase contract and seek legal advice when in doubt.
What signatures are binding?
Binding signatures are those executed by authorized individuals or authorized representatives of entities. For corporations or LLCs, include the signer’s title and evidence of authority. Electronic signatures meeting intent and attribution requirements are generally binding under ESIGN/UETA.
How long should I keep the executed agreement?
Retain the executed agreement for the active term plus additional years per law: at least three years for tax‑related records (IRC §6501(a)), seven years for many real estate matters, and six years for HIPAA‑covered records (45 CFR §164.530(j)); confirm state variations.

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