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In a real estate contract, an assignment:

Correct Answer

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

An assignment transfers a party's contractual rights to a third party known as the assignee. Importantly, the original party (assignor) generally remains liable under the contract unless the other contracting party expressly releases them. Assignment is permitted unless the contract contains language expressly prohibiting it or applicable law restricts it. No regulatory approval is required, and assignment is not automatically prohibited in Montana residential contracts.

Answer Options
A
Is always prohibited in Montana residential purchase contracts
B
Transfers the assignor's contractual rights to a third party (the assignee)
C
Automatically releases the original party from all obligations under the contract
D
Must be approved by the Montana Board of Realty Regulation before it is effective

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Related Topics & Key Terms

Related Topics:

novationcontract rightsassignorassigneewholesale real estateanti-assignment clauses

Key Terms:

assignmentassignorassigneenovationcontract rightsanti-assignment clause

Related Concepts

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

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