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Generally speaking, contracts can be freely assigned to third parties. Non-assignment provisions are designed so that contracts cannot be as freely assigned to third parties; or at least, not without first obtaining the contracting counterparty's consent.
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.
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.
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.
Related Content. Also called an assignment and assumption. An agreement in which one party transfers its contractual rights and obligations to another party.
An assignment of contract is a legal clause that allows for one party of a contract to transfer the rights, obligations, and responsibilities of that contract to another party. The party who is giving away the responsibility of the contract is the assignor and the party receiving is the assignee.
The property may not be built to the same standards as originally promised by the developer, or the developer may not complete the project at all. The property may not be as valuable or desirable as originally anticipated, and the price paid for the property may be higher than its market value.
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.