If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.
In Arizona, most real estate contracts are assignable unless explicitly stated otherwise in the agreement. Certain conditions may affect this, however. For example, contracts involving personal services or that require specific qualifications of the parties may not be assignable.
An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract.
A contract must contain a benefit or detriment to the offering party and a benefit or detriment to the accepting party that the parties otherwise would not be entitled to demand or expect. A unilateral promise to do or not do something will not be binding unless both parties get or give up something.
How to draft a contract between two parties: A step-by-step checklist Know your parties. Agree on the terms. Set clear boundaries. Spell out the consequences. Specify how you will resolve disputes. Cover confidentiality. Check the legality of the contract. Open it up to negotiation.