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Assignment of Real Estate Contract and Sale Agreement

This template is used when an original buyer (assignor) transfers their rights and obligations under a real estate purchase and sale agreement to a new buyer (assignee). It is ideal for situations where the initial buyer wishes to exit the transaction before closing, often to a third party willing to assume the purchase.

Updated 15d ago
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{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Assignment of Real Estate Contract and Sale Agreement

Assignment of Real Estate Contract and Sale Agreement

ASSIGNMENT OF REAL ESTATE PURCHASE AND SALE AGREEMENT

This Assignment of Real Estate Purchase and Sale Agreement ("Assignment") is made and entered into this {{day}} day of {{month}}, {{year}}, by and between:

{{assignor_name}}, residing at {{assignor_address}} ("Assignor"),

AND

{{assignee_name}}, residing at {{assignee_address}} ("Assignee").

RECITALS

WHEREAS, Assignor and {{seller_name}}, residing at {{seller_address}} ("Seller"), entered into a Real Estate Purchase and Sale Agreement dated {{original_agreement_date}} (the "Original Agreement") for the purchase and sale of certain real property located at {{property_address}}, more specifically described as {{property_legal_description}} (the "Property"); and

WHEREAS, Assignor desires to assign all of its rights, title, and interest as the buyer under the Original Agreement to Assignee, and Assignee desires to accept such assignment.

ASSIGNMENT

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby assigns, transfers, and conveys to Assignee all of Assignor's right, title, and interest in and to the Original Agreement, including all deposits, earnest money, and any other sums paid by Assignor thereunder.

Assignee hereby accepts the foregoing assignment and agrees to assume and perform all of the Assignor's obligations, covenants, and agreements under the Original Agreement, including, but not limited to, the payment of the purchase price, compliance with all terms and conditions, and timely closing as stipulated therein.

CONSIDERATION

In consideration for this Assignment, Assignee shall pay to Assignor the sum of {{assignment_fee_currency}}{{assignment_fee_amount}} (the "Assignment Fee") upon the execution of this Assignment, or as otherwise agreed in writing by both parties.

REPRESENTATIONS AND WARRANTIES OF ASSIGNOR

Assignor represents and warrants to Assignee that:

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

b. Assignor has not previously assigned, transferred, or encumbered its rights under the Original Agreement.

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

INDEMNIFICATION

Assignee agrees to indemnify, defend, and hold harmless Assignor from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to Assignee's performance or non-performance of the obligations assumed under this Assignment and the Original Agreement.

Assignor agrees to indemnify, defend, and hold harmless Assignee from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to Assignor's breaches of any representations, warranties, or covenants made herein.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Assignment constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, both written and oral, between the parties with respect to such subject matter.

ACCEPTANCE BY SELLER (OPTIONAL)

The undersigned Seller hereby acknowledges receipt of this Assignment and consents to the assignment of the Original Agreement from Assignor to Assignee.

Acknowledged and Agreed by Seller:

____________________________

{{seller_name}}

Date: {{seller_signature_date}}

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