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The assignment agreement is often seen in real estate but can occur in other contexts as well. An assignment is just the contractual transfer of benefits that will accrue or have accrued.
The assignor must agree to assign their rights and duties under the contract to the assignee. The assignee must agree to accept, or "assume," those contractual rights and duties. The other party to the initial contract must consent to the transfer of rights and obligations to the assignee.
Related Content. Also called an assignment and assumption. An agreement in which one party transfers its contractual rights and obligations to another party.
For assignment to be effective, it must occur in the present: a promise to make a future assignment has no legal effect. No specific language is required to make such an assignment, but the assignor must make some clear statement of intent to assign clearly identified contractual rights to the assignee.
When Is a Contract Assignment Valid? Contract rights and benefits can lawfully be assigned so long as no prior agreement prohibits an assignment. All required is for the assigning party (the assignor) to agree with the assignee (the third party recipient) that they will be transmitting their rights to them.
Unless an assignment is prohibited in a contract, the outgoing party may assign their rights to the incoming (third) party without the consent of the other party to the agreement. A Letter of assignment can be used to affect the assignment and is signed by the outgoing party and the incoming party.
The transfer of a right from one party to another. For example, a party to a contract (the assignor) may, as a general rule and subject to the express terms of a contract, assign its rights under the contract to a third party (the assignee) without the consent of the party against whom those rights are held.
Contract rights and benefits can lawfully be assigned so long as no prior agreement prohibits an assignment. All required is for the assigning party (the assignor) to agree with the assignee (the third party recipient) that they will be transmitting their rights to them.