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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.
The assignment agreement definition is a portion of the common law that is in charge of transferring the rights of an individual or party to another person or party. The assignment agreement is often seen in real estate but can occur in other contexts as well.
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.
An assignment agreement should include the:Name of the party transferring their contractual duties.Name of the party receiving the contractual obligations and rights.Third-party, or obligor, to the original contract.Name of the actual contract, along with the expiration date.More items...
An assignment of purchase agreement and sale is when a buyer of a new home sells a third party the right to assume the purchase contract. In this situation, the buyer is the assignor, and the third party is the assignee.