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    Selling Strategies

    Assignment of Contract

    SilverCrest EstatesThe SilverCrest Estates Team

    Definition

    An assignment of contract is the legal mechanism a wholesaler uses to transfer their rights and obligations under your purchase agreement to a different buyer, who then shows up at the closing table in their place. Your agreed sale price and terms are supposed to stay exactly the same; what changes is who actually signs the deed and wires the funds. This matters to you as a seller because the person you negotiated with may never be the one who closes, and you have limited ability to vet whoever they assign the contract to. Some contracts explicitly allow assignment, while others prohibit it or require your written consent before any transfer can happen. If you want more control over who ends up buying your home, this is a clause worth reading closely before you sign anything. Understanding assignment language up front can save you a confusing surprise a few weeks before closing. For the seller, the thing that matters is who actually shows up to close and whether the price and terms in your contract change. An assignable contract lets the original buyer transfer their purchase rights to another buyer, so if certainty matters to you, ask directly whether the buyer intends to close in their own name and with their own funds — and read what your contract says about assignment before you sign it.

    Example

    David signs a contract with a buyer named Buyer A for $225,000, spending an afternoon on the phone with him discussing the closing date and going over the home's quirks. Two weeks before closing, David gets a notice that the contract has been assigned to Buyer B, a company he's never heard of, for a $9,000 assignment fee paid by Buyer B to Buyer A. David's sale price stays $225,000, but he now has to trust an unfamiliar closer he never met during negotiations. He calls the title company to confirm Buyer B has actually funded the transaction and asks his real estate attorney to review the assignment paperwork before signing anything further. The closing ultimately goes through without issue, but David later says he wishes he'd added language requiring his written consent before any assignment, simply so he'd have known who he was really dealing with from the start. The seller in that situation asked one plain question before signing: are you buying this yourself, or will someone else be closing? Getting that answer in writing, alongside proof of funds, told her exactly what she was agreeing to rather than finding out days before closing.

    Frequently asked questions

    Yes, you can ask for a non-assignment clause in the purchase agreement, or require that any assignment gets your written approval before it becomes valid, which gives you a say in who ultimately closes.

    It shouldn't; your price is locked in by your original contract, and the assignment fee is a separate transaction between the original buyer and the new one that doesn't come out of your proceeds.

    Look for 'and/or assigns' next to the buyer's name on the purchase agreement, and simply ask the buyer directly whether they intend to close themselves or plan to transfer the contract later.

    Yes, it's a legal and common practice in real estate as long as the underlying contract permits it and the transaction is properly documented at closing by a licensed title or escrow company.

    Depending on your contract terms, the sale could fall through or be delayed, which is why verifying proof of funds matters even after an assignment occurs and not just at the start of the process.

    Your original contract terms about closing costs typically still apply since the price and terms are supposed to carry over unchanged; the assignment fee itself is separate and doesn't affect your side of the ledger.

    Not necessarily worried, but it's worth asking why, since it signals they may not be the party who actually closes; a direct buyer purchasing with its own funds typically has no need for that language at all.

    Yes, if the contract says so. Many purchase agreements can be written to prohibit assignment or to require the seller's written consent, and you can ask for that language before you sign.

    Ask for proof of funds in the buyer's own name and ask directly whether they intend to close in that name. A buyer who purchases directly will say so plainly and can show you the funds.

    It should not. Your price and terms are set by your contract with the original buyer, and an assignment transfers that buyer's rights rather than rewriting your deal.

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