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Assignment of Real Estate Contract

This template is used when a party wishes to assign their rights and obligations in an existing real estate purchase agreement to another party. It ensures a clear and legally sound transfer of contract. This is particularly useful in speculative real estate transactions or when original buyers need to exit an agreement.

Updated 15d ago
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Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Assignment of Real Estate Contract

This Assignment of Real Estate Contract ("Assignment") is made and entered into this {{date_of_assignment}} by and between:

**Assignor:** {{assignor_company_name}}, a company duly incorporated under the laws of {{assignor_jurisdiction}}, with its principal place of business at {{assignor_address}} (hereinafter referred to as "Assignor").

**Assignee:** {{assignee_company_name}}, a company duly incorporated under the laws of {{assignee_jurisdiction}}, with its principal place of business at {{assignee_address}} (hereinafter referred to as "Assignee").

(Assignor and Assignee collectively referred to as "Parties" and individually as "Party")

Recitals

WHEREAS, Assignor is a party to that certain Real Estate Purchase Agreement ("Original Contract") dated {{original_contract_date}}, with {{seller_name}} ("Seller") for the purchase and sale of the property located at {{property_address}} (the "Property"), a copy of which is attached hereto as Exhibit A.

WHEREAS, Assignor desires to assign all of its rights, title, interest, and obligations in and under the Original Contract to Assignee.

WHEREAS, Assignee desires to accept such assignment and assume all of Assignor's rights, title, interest, and obligations in and under the Original Contract.

Assignment

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor does hereby assign, transfer, and set over unto Assignee all of Assignor's rights, title, interest, and obligations in and to the Original Contract. This assignment includes, but is not limited to, the right to purchase the Property, the right to receive any deposits made by Assignor under the Original Contract, and all other rights and benefits accruing to Assignor under the Original Contract.

Assumption by Assignee

Assignee hereby accepts the foregoing assignment and assumes and agrees to perform all covenants, conditions, and obligations of the Assignor under the Original Contract, including but not limited to the obligation to pay the purchase price for the Property as stipulated in the Original Contract. Assignee agrees to indemnify and hold harmless Assignor from any and all claims, liabilities, losses, damages, or expenses arising from the Assignee's failure to perform the obligations assumed hereunder.

Consideration for Assignment

In consideration of this Assignment, Assignee shall pay to Assignor an assignment fee of {{assignment_fee_amount}} ({{assignment_fee_amount_words}}) on or before {{payment_due_date}}. This fee is in addition to the purchase price of the Property as set out in the Original Contract.

Representations and Warranties of Assignor

Assignor represents and warrants to Assignee that:

a. The Original Contract is in full force and effect and has not been modified or amended.

b. Assignor has not previously assigned or encumbered its rights under the Original Contract.

c. Assignor has the full right and authority to enter into this Assignment and to assign its rights and obligations under the Original Contract.

d. There are no defaults by Assignor under the Original Contract, nor, to Assignor's knowledge, are there any defaults by the Seller under the Original Contract.

Governing Law

This Assignment shall be governed by and construed in accordance with the laws of {{governing_law_jurisdiction}}.

Entire Agreement

This Assignment constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

Further Assurances

Each Party agrees to execute and deliver such further instruments and to take such further action as may be reasonably necessary to carry out the intent and purpose of this Assignment.

Signatures

IN WITNESS WHEREOF, the Parties have executed this Assignment as of the date first written above.

**ASSIGNOR:**

{{assignor_company_name}}

By: _____________________________

Name: {{assignor_signatory_name}}

Title: {{assignor_signatory_title}}

**ASSIGNEE:**

{{assignee_company_name}}

By: _____________________________

Name: {{assignee_signatory_name}}

Title: {{assignee_signatory_title}}

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