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Unless prohibited by the contract, an assignment of a purchase agreement:

Correct Answer

D) Transfers the buyer's contractual rights to a third party

Unless the contract expressly prohibits it, a buyer may assign their rights under a purchase agreement to a third party. The assignment transfers the buyer's contractual rights to the assignee. Importantly, unless the seller agrees to a novation, the original buyer typically remains liable if the assignee fails to perform. AREC approval is not required for contract assignments.

Answer Options
A
Is always prohibited without seller consent
B
Requires approval from the Alaska Real Estate Commission
C
Automatically releases the original buyer from all obligations
D
Transfers the buyer's contractual rights to a third party

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Related Topics & Key Terms

Related Topics:

novationcontract rights and obligationsAlaska Real Estate Commission authoritywholesale real estate investinganti-assignment clauses

Key Terms:

assignmentnovationassignorassigneecontractual rightsreleaseARECpurchase agreement

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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