Kentucky made advertising a wholesale deal a licensed activity.
Kentucky's HB 62 has been in effect since 2023: publicly advertising a property you have under contract but don't yet own is treated as real estate brokerage. Here's the plain-English version, and where funding fits if you buy the property instead of assigning the contract.
What the law does
Kentucky's HB 62, signed into law in March 2023, added wholesaling to what counts as real estate brokerage. In plain terms: advertising for sale a property you hold under contract but don't yet own now requires a real estate license. The trigger is the advertising — not how many deals you do — and the state's Real Estate Commission has read it that way. Assigning a contract isn't banned outright; publicly marketing the property before you own it is the line.
This is a plain-English summary, not legal advice — confirm your own situation with a Kentucky attorney.
Assigning versus buying
The rule is about advertising a property before you take title. A double close is a different transaction — you actually buy the home from the seller, take title, then sell to your end buyer, often the same day. Once you own it, you're marketing your own property, not someone else's. Whether that changes your obligations on a given deal is a question for a Kentucky attorney, and it depends on the facts — including how the property was marketed. What we can speak to is the practical part: buying the home takes real money at the closing table, even if you own it only briefly.
Where transactional funding fits
We fund the purchase for the short window between the two closings, repaid out of your buyer's proceeds, so your own capital stays free. You bring a real end buyer and a closing agent; we bring the money for the hours in between.
Budget for it honestly. A double close means a second set of closing costs — commonly around 3% — plus the funding fee. Run that against what an assignment would have paid you before you assume the structure works.
Need the funds to close?
Tell us the deal — type of funding, amount, and closing date. We answer quickly, and we tell you straight if it isn't a fit.
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