Tuesday, August 11, 2009

Assigning a property to another buyer

Assigning A Contract

One way to get out of a contract is what's called assignment, which
is finding someone else to take over your obligations. Because contract
rights are considered property, they can be transferred to others just
like a piece of property such as a home or car.

Let's say you have a contract to purchase a number of items each month from a dealer, at a certain price. The contract runs for a year. You then decided the product is no longer working out for you, and you'd rather not buy any more. As long as your contract allows it, and it is
legal to assign the contract , you can just find someone else who wants to buy the same number of items each month and "assign" your rights and obligations under the contract to him.

Most contracts permit an assignment as long as the other party to the contract approves the assignment. And many contracts require the other party to approve of an assignment as long as the assignment is "reasonable," meaning that the assignment won't jeopardize the security
of the other party or increase the other party's risks."

So in conclusion, what I have shared with you is that once you have a property locked up, all rights of the contract is considered "property" and therefore under your control. Therefore you reserve the right to do what you want with it. Assigning your right to purchase the property
once it is locked up is your right. (lawyers.com)

“When we have the right to buy (purchase & sale agreement from the seller to us), we have the right to sell” Attorney William Bronchick – real estate lawyer and also investor. Make sure you put an option to assign on your contract. Options can be sold or exercised.

When you sign a purchase agreement with a seller simply put and/or assign next to your name. This will enable you to assign the contract to another buyer.

Written by Carol Stinson. All rights reserved.

3 comments:

kevlee said...

If you are assigning the contract you have with the seller, (eg. to purchase a property for $100,000)can you ask for as much profit as (eg. $120,000) your buyer will pay ? Or do you assign the original contract with a fee attached ?
Thank-You,
seattlenewinvstr

Carol Stinson said...

You are going to assign the original contract and an "assignment contract" that covers your fee. Ex. The original purchase agreement is $100,000 between you and the seller, The assignment contract states your assignment fee of $10,000 between you and the buyer. both contracts must go to the settlement table.

kevlee said...

Thank You very much Carol, your info is very much appreciated.