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What Is an Assignment of Contract in Real Estate? Assignment of contract takes place when one party to a contract (the assignor) transfers the legal obligations of the contract to another party. The recipient of the assignment (the assignee) then assumes responsibility for the terms of the contract.
Contracts can usually be "assigned" to another party, so long as that party agrees to uphold your end of the bargain. However, some contracts prohibit assignment. When you draft a contract, consider whether you would like the right to assign it to someone else.
In California, a right to performance is the property of the obligee and therefore assignable by that obligee (Cal. Civ. Code § 1458). For clarity, this Note assumes the assignee to be a non-party but the rights and obligations of the parties discussed apply equally to an assignee who is also a party to the agreement.
An assignment of contract occurs when one party to an existing contract (the "assignor") hands off the contract's obligations and benefits to another party (the "assignee"). Ideally, the assignor wants the assignee to step into his shoes and assume all of his contractual obligations and rights.
When the original buyer finds a new buyer that can fulfill the original terms of the contractlike purchase price and closing datethey assign the contract to the new buyer. At this time, the assignor usually collects an assignment fee for finding someone to carry out the terms of the contract.