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In a Delaware real estate contract, an assignment:

Correct Answer

B) Transfers the assignor's contractual rights to a third party

Assignment transfers contractual rights to a third party. In Delaware, contract rights are generally assignable unless the contract expressly prohibits it. However, unlike a novation, an assignment does not automatically release the original assignor from liability — the assignor typically remains liable for performance unless the other party expressly agrees to release them through a novation. No Commission approval is required for a valid assignment.

Answer Options
A
Is always prohibited unless the seller provides written consent
B
Transfers the assignor's contractual rights to a third party
C
Automatically releases the original assignor from all liability
D
Requires approval from the Delaware Real Estate Commission

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Related Topics & Key Terms

Related Topics:

novationanti-assignment clauseassignor liabilitycontract rightsreal estate wholesaling

Key Terms:

assignmentnovationassignorassigneecontract rightsliability
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