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In a real estate contract, assignment means:

Correct Answer

D) A party transfers their contractual rights to a third party

Assignment transfers a party's contractual rights to a third party. Unless the contract expressly prohibits assignment, it is generally permitted in Rhode Island. Importantly, the original party (assignor) may still retain liability under the contract unless they are formally released through a novation, which substitutes a new party and extinguishes the original party's obligations.

Answer Options
A
The contract is prohibited from being transferred to any third party
B
All obligations under the contract are extinguished
C
The original party is automatically released from all obligations
D
A party transfers their contractual rights to a third party

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Related Topics & Key Terms

Related Topics:

novationcontract-rightswholesale-real-estateanti-assignment-clausecontractual-obligations

Key Terms:

assignmentnovationassignorassigneecontractual rightsanti-assignment clause

Related Concepts

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

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