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Instead of buying the property outright, investors can secure it under contract. Then, they can assign that contract to another buyer for a profit. This strategy, often used in real estate wholesaling, reduces the need for substantial upfront capital. Plus, it lowers the risks associated with a real estate purchase.
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.
Legal Q&As In paragraph 15 of the Offer to Purchase and Contract, it states that the contract may not be assigned without the written consent of all parties except in the case of a tax-deferred exchange.
The rights to the purchase agreement in North Carolina can be transferred to a new buyer, another end buyer, using the legal instrument known as an assignment of contract. The difference between each purchase price is considered the real estate wholesaler's assignment fee.
However, certain contracts cannot be assigned, for example, contracts with personal rights, such as an agreement between an author and a publisher or a sportsperson and their agent. You must obtain consent from all parties to the original contract and the third party agreeing if you want to novate a contract.