ASSIGNMENT OF CONTRACT TO BUY AND SELL REAL ESTATE


FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are acknowledged, the undersigned (“Assignor”) hereby assigns to - whose address is & - , whose address is (“Assignee”), all of Assignor’s right, title, and interest in and to the Contract to Buy and Sell Real Estate dated between / , as Seller, and Home Merrit, LLC Assignor, as Buyer, as modified by (collectively, the “Purchase Agreement”), including but not limited to any right Assignor might otherwise have or acquire to the return of any earnest money deposited by Assignor.

Assignor represents and warrants to Assignee that:

1. Exhibit A attached to this Assignment is a true and complete copy of the Purchase Agreement.

2. The Purchase Agreement is in full force and effect and has not been modified in any way (other than by any amendment or modification referred to in the definition of Purchase Agreement above).

3. Assignor’s interest in the Purchase Agreement is free and clear of any prior assignment and of any lien or security interest.

4. Assignor has good right and lawful authority to execute and deliver this Assignment and to assign to Assignee all of Assignor’s interest in the Purchase Agreement.

5. No party to the Purchase Agreement is presently in default with respect to the performance of such party’s obligations under the Purchase Agreement.

Additional Amendments:

Assignment of Rights

Assignor hereby assigns all rights, including all earnest money deposits, to the Contract, to Assignee for the total amount of $. This total amount includes the purchase price and the assignment fee. Assignee acknowledges that an earnest money deposit of $ has already been made by Assignor to Seller. Assignee will receive the benefit of this earnest money at closing.

Non-Refundable Deposit:

Assignee shall pay Assignor a NON-REFUNDABLE DEPOSIT of $

("Fee Deposit"). This Fee Deposit will be credited towards the Assignment Fee, with the remaining balance (Purchase Price minus Fee Deposit) due at closing. The Fee Deposit is non-refundable, regardless of whether the transaction closes, except as provided below:

1. Unclear Title: If, prior to closing, it is determined that the title to the property is not clear, the Assignee shall give the Assignor 30 days to resolve the unclear title issues. The Assignee acknowledges that unclear title issues can often be resolved and agrees to work in good faith with the Assignor to resolve such issues. If the title issues cannot be resolved within this 30-day period, the Fee Deposit will be refundable.

2. Inability to Close Due to Title Issues: If the transaction cannot proceed due to title issues that cannot be resolved within the 30-day period, the Fee Deposit will be refunded to Assignee.

Receipt and Assumption of Obligations:

Assignee acknowledges receipt of legible copies of the original Contract in its entirety including all Addendum(s) associated with this transaction. By accepting this Assignment, Assignee assumes and agrees to perform all of the obligations of the Buyer under the Purchase Agreement, including but not limited to any obligations to be performed after closing thereunder, and to indemnify Assignor against any loss, claim, damage, or expense Assignor may incur by reason of Assignee’s failure to perform the assumed obligations on a timely basis. Additionally, Assignee shall be responsible for all closing costs and any fees associated with the transaction, including but not limited to the transaction coordinating fee, title fees, probate costs if applicable, and any other expenses related to the closing process.

Closing Date and Penalties:

The Buyer agrees to close the transaction on or before . Failure to close by this date shall be deemed a breach of this contract. For each day past the closing date, the Buyer shall be liable to the Seller for a penalty of $500. This penalty amount shall accrue daily until the closing occurs. The Seller reserves the right to continue to apply this penalty until the transaction is closed.

Non-Assignable Nature:

This Assignment of Contract is not assignable by the Assignee to any third party. The Assignee’s rights and obligations under this contract are personal and may not be transferred or assigned without the prior written consent of the Assignor.


Company Representative:

Dylan Coon

Managing Partner

Date of Acceptance:

Company:

Home Merrit, LLC

Assignee #1 Signature

Date of Acceptance:


Assignee #2 Signature (If applicable)

Date of Acceptance:

HM Memorandum Contract

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