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They are buying properties from unrepresented sellers and re-selling the properties through an assignment to a second buyer for a higher price before the first deal closes. This is technically legal, but the real estate professional must disclose the assignment to the original seller.
Under Missouri law, if a contract is silent on the issue of assignability, it is usually assignable without consent unless it involves a personal services contract such as a physician employment agreement.
A real estate contract is assignable ? by default - unless the agreement's language prohibits the use of an assignment within the agreement.
The assignment does not necessarily have to be in writing; however, the assignment agreement must show an intent to transfer rights.
For a contract to be legally enforceable, there must be an offer to enter into the contract, an acceptance of the same offer, and an exchange of ?consideration.? These three ?elements? are required for a legally enforceable contract to be created.
Yes. Wholesaling real estate in Kansas is legal if real estate wholesalers carefully navigate real estate transactions without a misstep that violates the legal boundaries set for by the state's lawmakers.
Assignment of contracts is the legal transfer of the obligations and benefits of a contract from one party, called the assignor, to another, called the assignee. The assignor must properly notify the assignee so that he or she can take over the contractual rights and obligations.
Assignment is a legal term whereby an individual, the ?assignor,? transfers rights, property, or other benefits to another known as the ?assignee.? This concept is used in both contract and property law. The term can refer to either the act of transfer or the rights/property/benefits being transferred.
A valid legal assignment only occurs when all underlying elements of a lawfully binding contract are included in it, including intent. A trial court can determine if an assignment has occurred. To prevent disputes or miscommunications, it's important that the subject matter is clearly identified in the assignment.
An assignment of contract involves transferring a real estate contract from an original party (also known as the real estate wholesaler or assignor) to a new party (also known as the assignee). It is also referred to as an ?Assignment of Real Estate Purchase and Sale? agreement.