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The Law Office of Stephen Nault

Practice Area

Assignment of Contract Attorney in Tennessee

Assigning a contract is how a wholesaler gets paid: you put a property under contract, then sell your position in that contract to another buyer for a fee. The legal work is making the transfer clean and keeping the deal on the right side of Tennessee's brokerage-licensing rules — which is where this gets sharper than people expect.

This page covers a focused service. For the broader editorial practice area, see Business Contracts in Tennessee.

Clean transfer, clear fee

Done right, the mechanics are straightforward: review the original purchase agreement for assignability, draft the assignment agreement, and structure the assignment fee so the seller, the assignor, and the assignee all know who pays whom and when. Where the original contract has an anti-assignment clause or needs seller consent, the work is the practical path around it — consent, restructuring, or a different deal structure.

The licensing line wholesalers cross without meaning to

Tennessee purchase contracts are generally assignable unless the contract says otherwise. The trap is what you market. Marketing someone else's real property for compensation can trigger unlicensed-brokerage risk under Tenn. Code Ann. §§ 62-13-102, 62-13-110, and 66-4-401–403 (see also Tenn. Comp. R. & Regs. 1260-02-.12), and the legislature now regulates wholesaling-disclosure obligations as well. The safer posture is to disclose the assignment intent in writing and to market only the contract or your equitable interest — not the underlying property — unless you are licensed. I keep the assignor's role clear and flag the licensing question before the assignment closes, because that is the part that turns a profit into a problem.

Whether you run an assignment-based model or you are assigning a single contract because the deal changed, the documents and the disclosure posture decide whether it holds up. Get those right and a clean assignment stays clean.

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