JV Double Close Contract

JV Double Close Contract

Field GuideContracts · Rev. Jul 2026

Short answer: A JV double close is two separate closings with a partnership agreement underneath. The partner who funds the first leg is usually the one on the A to B deed, and the JV agreement is what turns their money into a share of the spread.

What actually matters
  • Three documents, not one: the purchase contract, the resale contract, and the JV agreement that connects them.
  • Funding decides the deed. Whoever brings good funds to the first table is normally the buyer of record on that leg.
  • The underwriter cares about the money, not your partnership. Wet funds on both legs is what gets it insured.
  • Two sets of closing costs come out before either partner is paid.

The JV double close solves a specific problem: you have a deal that cannot be assigned, and you do not have the money to buy it yourself. A partner funds the first leg, you both close it, and the spread is divided under a JV agreement.

It is a legitimate and common structure. It also has more moving parts than anything else a wholesaler does, and the parts fail in predictable places.

Why you would use it instead of assigning

  • The contract is not assignable. REO, HUD and most institutional sellers bar assignment outright.
  • The spread is large enough to be a problem if the seller sees it on a settlement statement.
  • You cannot fund the first leg yourself, so a partner does it in exchange for a share rather than a lending fee.

If none of those apply, assign it. The double close costs two sets of closing costs and adds a failure point, and a JV adds a second person whose interests can diverge from yours mid deal.

How the pieces fit together

Leg one, A to B
Seller A → JV entity or funding partner (B)  funded with the partner’s own or borrowed money

Leg two, B to C
B → End buyer C  funded by C

Underneath both
JV agreement  divides the spread after both sets of costs

The critical detail is that the JV agreement is invisible to the closings. Title sees a buyer on leg one and a seller on leg two. The partnership is a private arrangement about how the resulting money divides.

Whose name goes on the deed

Almost always the party bringing the funds, or an entity the partners form for the deal. This matters more than people expect:

StructureAdvantageCost
Funding partner takes title personallyFastest, no entity to formThey carry the liability and the tax consequence alone
New LLC for the dealClean separation, both partners documented as membersFormation cost and time, and the title company will want the operating agreement
Existing entity of one partnerNo setupThe other partner’s interest exists only in the JV agreement

What the title underwriter actually needs

The refusal you will hit is not about the JV. It is about a dry close, where the first leg is funded with the end buyer’s money. Most underwriters will not insure that, because for a moment the funds in the file do not belong to the person the deed says is buying.

The JV structure fixes this naturally, because your partner is bringing real money to the first table. That is wet funding, and it is the thing that makes the file insurable. Say it in those words on the first call.

“My funding partner is bringing good funds to the A to B leg, so it is wet on both sides. Can your underwriter insure that?” This is a different question from “do you do double closings,” and it gets a different answer.

The costs come out before anybody is paid

  • Two settlement fees, one per leg.
  • Two owner’s policies, though some shops discount the second when the closings run back to back.
  • Two sets of recording fees, and in most states transfer tax on each conveyance.
  • The partner’s return, whether that is a share of the spread or a flat amount.

Run this arithmetic before you agree a price with the seller. A double close that looked like a $20,000 spread can end up as a $9,000 one after two closings and a partner’s share, and finding that out at the table is a bad day.

What the JV agreement has to say for this structure

  1. Who funds, how much, and when the money has to be available.
  2. Whether the funding is a contribution or a loan. These are taxed and treated very differently.
  3. Who is on title for leg one, and what obligation they have to convey on leg two.
  4. What happens if the end buyer fails to close and the funding partner now owns a house.
  5. Who carries the property if there is a gap between legs, and who pays for it.
  6. How the spread divides after all costs, stated as a formula rather than a number.

The clause people leave out is the one about the end buyer failing to close. Without it, your funding partner is left owning a property they never intended to hold, and there is no agreement about what happens next. Write it before the money moves.

Frequently asked questions

What is a JV double close?

Two back to back closings where a joint venture partner funds the first leg, with a separate agreement dividing the resulting spread between the partners. It is used when a contract cannot be assigned and the wholesaler cannot fund the purchase alone.

Is a JV double close legal?

The structure itself is ordinary. Two purchases and a partnership agreement are all normal instruments. What draws scrutiny is funding the first leg with the end buyer’s money, and failing to meet your state’s disclosure duties.

Who is on the deed in a JV double close?

Usually whoever brings the funds to the first closing, either personally or through an entity formed for the deal. The other partner’s interest exists in the JV agreement rather than on title.

Do I still need transactional funding?

Not if your JV partner is supplying the money for the first leg. That is one of the main reasons to use a JV rather than a lender: the funds come with a partner rather than a fee.

What if the end buyer does not close?

Your funding partner owns the property. Whether they can force you to share the carrying cost, or take the loss alone, depends entirely on what your JV agreement says, which is why that clause is not optional.

Can the same title company handle both legs?

Usually yes, and it is generally cleaner. One shop holding both files controls the sequencing between the two closings.

This structure has more ways to fail than any other

Two closings, two sets of costs, a partner and an underwriter who can say no on the day. Getting it right is a skill, and it is what we work through inside the free group with real deal breakdowns and daily live coaching. 1,100 wholesalers already in there. No cash, no credit, no license needed.

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Sources

Title insurance underwriter guidance on simultaneous and back to back closings
Industry guidance on wet versus dry funding
General joint venture and entity formation principles
State transfer tax and recording requirements

This article explains common practice and is not legal advice. Contract law, disclosure duties and wholesaler licensing rules vary by state and change often. Have a real estate attorney licensed in your state review any agreement before you sign or use it.

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