Assignment Contract (Real Estate) for the United States

Assignment Contract (Real Estate) Template for United States

A Real Estate Assignment Contract is a legal document used in the United States that transfers the rights and obligations of a property purchaser to another party. This document enables the original buyer (assignor) to transfer their position in a purchase agreement to a new buyer (assignee), effectively stepping out of the transaction while maintaining the original terms with the property seller. The contract must comply with state-specific real estate laws and typically requires proper documentation for recording purposes.

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What is a Assignment Contract (Real Estate)?

The Real Estate Assignment Contract (Real Estate) serves as a crucial instrument in property transactions where the original buyer wishes to transfer their contractual rights to a new party. Commonly used in wholesale real estate transactions and investment scenarios, this document outlines the terms under which the assignor transfers their rights and obligations to the assignee. In the United States, these contracts must comply with state-specific real estate laws, the Statute of Frauds, and local recording requirements. The document typically includes details about the original purchase agreement, consideration for the assignment, and any conditions or limitations on the transfer of rights.

What sections should be included in a Assignment Contract (Real Estate)?

1. Parties: Identification of assignor and assignee with full legal names and addresses

2. Background: Context of the original purchase agreement and reason for assignment

3. Definitions: Key terms used throughout the agreement including Property, Original Purchase Agreement, Assignment Date

4. Assignment: Core terms of the transfer of rights and obligations from assignor to assignee

5. Consideration: Details of payment or other consideration for the assignment, including payment terms and method

6. Representations and Warranties: Statements of fact by both parties regarding their capacity, authority, and status of the original agreement

7. Execution: Signature blocks, notarization requirements, and execution date

What sections are optional to include in a Assignment Contract (Real Estate)?

1. Due Diligence Period: Optional section specifying timeline and conditions for assignee to review property details and documentation

2. Seller's Consent: Section addressing the original seller's approval of assignment, when required by original purchase agreement

3. Earnest Money Transfer: Provisions regarding the transfer or handling of existing earnest money deposits from the original agreement

What schedules should be included in a Assignment Contract (Real Estate)?

1. Schedule A - Original Purchase Agreement: Complete copy of the original purchase agreement being assigned

2. Schedule B - Property Description: Legal description and details of the subject property

3. Schedule C - Seller's Consent Document: Written consent from original seller, if required

4. Schedule D - Due Diligence Documents: Collection of relevant property information, reports, and documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Industries

State-Specific Real Property Laws: Core state legislation governing real estate transactions, including state-specific transfer requirements, recording requirements, and statutory forms that vary by jurisdiction

Statute of Frauds: Legal doctrine requiring real estate contracts to be in writing, with specific state-level requirements for enforceability of real estate contracts

Federal Laws: Key federal legislation including Interstate Land Sales Full Disclosure Act, Fair Housing Act, and Real Estate Settlement Procedures Act (RESPA)

Contract Law Fundamentals: Basic contract formation requirements including state-specific rules on consideration, capacity of parties, and other essential contract elements

Local Requirements: Municipal and local regulations including zoning laws, transfer requirements, and specific recording procedures at the local level

Tax Considerations: Federal, state, and local tax implications including transfer taxes and real estate tax obligations associated with property assignment

Title Considerations: Requirements for title transfer, marketable title standards, and compliance with recording acts to ensure proper chain of title

Consumer Protection Laws: State and federal consumer protection statutes, including mandatory disclosure requirements and applicable cooling-off periods

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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