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Real Estate Assignment Form for the United States

Real Estate Assignment Form Template for United States

A Real Estate Assignment Form is a legal document used in the United States to transfer the rights and obligations of a real estate contract from one party (the assignor) to another party (the assignee). This document must comply with both federal and state-specific real estate laws, including the Statute of Frauds requirements. It typically includes detailed information about the original contract, the property in question, and the terms of the assignment, along with necessary representations and warranties.

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What is a Real Estate Assignment Form?

The Real Estate Assignment Form is essential in situations where a party to a real estate contract wishes to transfer their contractual rights and obligations to another party. This commonly occurs in wholesale real estate transactions, investment deals, or when a buyer cannot complete a purchase and needs to assign their purchase rights. The form must comply with U.S. federal regulations and state-specific requirements, including proper documentation of the assignment terms, consideration provided, and any necessary third-party consents. It serves as a crucial tool in real estate transactions, particularly in markets where contract assignments are common practice.

What sections should be included in a Real Estate Assignment Form?

1. Parties: Identification of Assignor and Assignee with full legal names and addresses

2. Background: Details of the original contract being assigned and reason for assignment

3. Definitions: Key terms used throughout the assignment agreement

4. Assignment Clause: Core provision transferring rights and obligations

5. Consideration: Details of payment or other consideration for the assignment

6. Representations and Warranties: Assignor's statements about their right to assign and contract status

7. Execution: Signature blocks and notarization requirements

What sections are optional to include in a Real Estate Assignment Form?

1. Consent Provision: Required if original contract requires consent for assignment

2. Indemnification: Protection against future claims, recommended for higher-risk transactions

3. Governing Law: Specification of applicable state law, particularly important in interstate transactions

What schedules should be included in a Real Estate Assignment Form?

1. Schedule A - Original Contract: Copy of the contract being assigned

2. Schedule B - Property Description: Legal description of the property involved

3. Schedule C - Consent Documents: Written consents from relevant parties if required

4. Schedule D - Due Diligence Documents: Title reports, surveys, or other relevant property documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Cost

Free to use
Clauses


























Industries

State-Specific Real Estate Laws: State-level regulations governing real estate transactions, including specific requirements for property transfers, assignments, recording procedures, and rules regarding notice to parties

Statute of Frauds: Legal doctrine requiring real estate contracts to be in writing and signed by the party to be charged, falling under contract law principles

Federal Laws: National legislation including the Interstate Land Sales Full Disclosure Act, Fair Housing Act, and Real Estate Settlement Procedures Act (RESPA)

Contract Law Principles: Fundamental legal principles governing contracts, including requirements for validity, consideration, and assignment law principles

Local Regulations: County and municipal requirements including recording procedures, local transfer taxes or fees, and zoning restrictions

Property Rights Considerations: Aspects related to existing liens, encumbrances, rights of first refusal, and restrictions on assignment in original contract

Due Diligence Requirements: Legal requirements for title searches, disclosure obligations, and applicable environmental regulations

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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