Can an assignment be e-signed?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and retention requirements are satisfied.

Is seller consent required?

It depends on the original purchase contract. If the contract prohibits assignment or requires consent, obtain written seller or lender consent to avoid breach or invalidation.

Should the assignment be recorded?

Recording practices vary by jurisdiction and title company preference. Recording can protect priority, but consult the county recorder and title insurer before recording.

What if names do not match?

Mismatched party names often trigger title exceptions. Use exact legal names or provide an affidavit or corrected assignment to resolve identity discrepancies.

Are remote notarizations acceptable?

Remote online notarization rules differ by state; many states permit RON with specific identity-proofing and recording requirements. Verify your state notary rules before relying on RON.

How can I correct a signed assignment error?

Minor clerical errors may be corrected by executed amendment or re-assignment and delivered to the title company; material errors could require attorney assistance to avoid closing disruption.

Electronic Signature
Templates
Real estate
Assignment of Real Estate Contract

Assignment of Real Estate Contract

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

ASSIGNMENT OF REAL ESTATE CONTRACT

This Assignment of Real Estate Contract (the Agreement) is entered into by and between Assignor Name: and Assignee Name: on Original Contract Date: .

Property Identification

Property Street Address Parcel / APN Number Legal Description

Original Contract

Original Seller: Original Buyer:

Purchase Price under Original Contract: $ Earnest Money Held: $ Scheduled Closing Date:

Assignment

For good and valuable consideration, the receipt and sufficiency of which are acknowledged, Assignor hereby assigns, transfers and conveys to Assignee all of Assignor's right, title and interest in and to the Original Contract described above, including all rights to proceed to Closing under the Original Contract, subject to the terms and conditions of this Agreement. Effective Date of Assignment: .

Consideration and Payment

Assignee agrees to pay Assignor an assignment fee in the amount of $ payable as follows:

Payment Terms

Assignor directs that any earnest money deposit held in connection with the Original Contract in the amount of $ is assigned to Assignee (checkbox indicates assignment of deposit):

Representations and Warranties

Assignor represents and warrants that: (a) Assignor is the lawful party to the Original Contract and has full right and authority to assign its interest; (b) the Original Contract is in full force and effect and has not been materially amended except as disclosed in writing to Assignee; (c) there are no defaults by Assignor under the Original Contract known to Assignor as of the Effective Date that would prohibit assignment; and (d) no other assignment of the Original Contract by Assignor has been made to any third party.

Assignee represents that Assignee has been provided copies of the Original Contract and related documents, has had the opportunity to investigate the transaction and accepts the rights and obligations assigned hereunder subject to the terms of the Original Contract.

Seller Consent

Assignor represents to the best of its knowledge that Seller consent to assignment is: Obtained Not Obtained If obtained, Consent Date:

Disclosures

The parties acknowledge the following disclosures related to the property:

Lead-Based Paint Disclosure: Yes No Unknown

Mold or Water Intrusion Known: Yes No

Prior Material Damage or Repair: Yes No

Obligations; Cooperation

Assignor shall execute and deliver such further instruments and take such further actions as may be reasonably necessary to effectuate the transfer and assignment contemplated herein. Assignee shall assume all obligations of Assignee under the Original Contract arising after the Effective Date, except as expressly agreed otherwise in writing.

Indemnification

Each party shall indemnify, defend and hold harmless the other party from and against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising from any breach of this Agreement by the indemnifying party or from any representation or warranty made by that party which is untrue or misleading.

Default and Remedies

In the event of a material breach of this Agreement by either party, the non-breaching party shall be entitled to pursue all remedies available at law or equity, including specific performance, to the extent permitted by the Original Contract. Assignment of the Original Contract shall not release Assignor from liability under the Original Contract unless the Seller expressly releases Assignor in writing.

Notices

Assignor Notice Address Assignee Notice Address

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state where the Property is located. This Agreement, together with the Original Contract, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and understandings.

Further Assurances

Each party shall execute and deliver such further documents and take such further actions as may be reasonably necessary to effectuate the purposes and intent of this Agreement.

Assignor Printed Name:

By:

Date:

Assignee Printed Name:

By:

Date:

What an Assignment of Real Estate Contract Is

An Assignment of Real Estate Contract is a written instrument that transfers one party's rights and obligations under an existing real estate purchase contract to another party. The assignor conveys contractual interests—such as the right to purchase, deposits, and closing obligations—to the assignee while the original seller and original contract remain referenced. Assignments are commonly used in wholesaling, investor transactions, and when a buyer cannot or prefers not to close in their own name. State law governs enforceability, and electronic execution is generally valid under ESIGN and UETA where applicable.

Why an Assignment Can Be Useful

Assignments let a contract holder monetize or transfer contract rights without completing a purchase, clarify who has closing obligations, and document consideration and timing to reduce later disputes.

Who Typically Uses an Assignment of Real Estate Contract

Different participants use assignments for distinct reasons depending on role and transaction type.

Real estate investors and wholesalers who need to transfer purchase rights quickly and preserve margin.
Buyers (assignors) who lack funds or prefer to pass their position to an assignee.
Title companies and closing agents that receive the assignment to update closing instructions and examine title.

Each party should confirm authority to assign under the original purchase contract and follow local recording or notice practices.

Step-by-Step: Completing an Assignment

Follow these core steps to prepare and finalize an Assignment of Real Estate Contract correctly.

01

Review Original Contract: Confirm assignment permitted.
02

Obtain Required Consent: Get seller or lender approval if contract demands.
03

Complete Assignment Form: Populate fields and describe consideration.
04

Execute and Deliver: Sign, notarize if needed, and send to title/closing.

Where to Send or File the Signed Assignment

After execution, route the assignment to parties that need notice or that will rely on the transfer for closing and recording.

Title Company: Deliver a copy so title search and closing instructions update.
Seller / Contract Holder: Provide notice to the seller per original contract terms.
County Recorder: Record assignment if local practice requires to protect priority.
Closing Agent: Include assignment in closing package to ensure funding and disbursement.

How to Customize and Complete the Assignment Online

Configure your digital workflow to capture signatures, dates, and any conditional consent fields before sending for signature.

Field	Configuration
Signature Authentication	Email link or SMS code
Date Field Format	MM/DD/YYYY required
Conditional Consent	Show seller consent field when required
Attachment Settings	Allow upload of purchase contract PDF

Distribution Methods and Platform Integrations

Choose delivery channels that fit your volume, compliance needs, and existing systems.

CRM Integrations: Salesforce, NetSuite supported
Cloud Storage: Google Drive, Box, Egnyte sync
Collaboration: Microsoft Teams, Google Workspace

Use integrations to automate routing, populate fields from records, and keep a consistent audit trail across systems.

Security and Compliance Essentials

Encryption: AES-256 at rest; TLS 1.2/1.3 in transit

Audit Trail: Timestamp, IP, action history retained

HIPAA BAA: BAA required for PHI workflows

ESIGN / UETA: Electronic signature legal framework

Access Controls: Role-based authentication and SSO

Certifications: SOC 2 Type II, ISO 27001 compliant

Penalties and Common Legal Risks

Breach Remedies: Damages or rescission possible

Title Defects: Unrecorded issues may cloud title

Tax Withholding: Backup withholding 24% if TIN issues

Invalid Assignment: Contract prohibition can void transfer

Closing Delays: Missing consent causes postponements

Notary Errors: Improper notarization may invalidate record

Frequent Preparation Mistakes to Avoid

Failing to confirm whether the original purchase contract permits assignment, which can render the transfer unenforceable or lead to litigation.
Using inconsistent names or abbreviations for parties; mismatched names commonly trigger title company rejections and require corrective affidavits.
Omitting a clear description of consideration or reliance on vague language; courts may find ambiguous consideration insufficient to support the transfer.
Neglecting to record or provide prompt notice to the title company and seller, increasing risk of competing claims or closing delays.

Key Clauses and Components to Include

A professional assignment should reference the original contract, define consideration, state effective date, identify parties, and address representations, recording, and delivery.

Parties and Capacity

Identify assignor and assignee by full legal name, entity type, and signing authority to ensure enforceability and avoid identity disputes.

Reference to Original Contract

Cite original contract date, parties, and key terms so the assignment clearly attaches to the correct agreement and obligations.

Consideration Clause

Specify the exact monetary amount or other consideration exchanged for the assignment to prevent ambiguity about the transaction's value.

Representations and Warranties

Include basic seller/assignor representations such as authority to assign and that no conflicting encumbrances exist, where appropriate.

Recording and Delivery

State whether the assignment will be recorded, who will record it, and how notice is provided to interested parties to protect priority.

Indemnity and Liability

Clarify which party bears liability for pre-existing defaults, title defects, or closing failures following assignment.

eSignature Pricing and Feature Comparison

Basic pricing and feature differences among common eSignature vendors for assignment workflows; signNow is listed first for straightforward comparison.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no card	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Practical Tips for Accurate, Efficient Assignments

Follow these best practices to reduce risk and speed up closing for assigned purchase contracts.

Confirm Assignment Authority and Contract Language

Before preparing the assignment, review the original purchase contract for anti-assignment clauses and obtain any required consents in writing to prevent unenforceability or breach.

Match Legal Names and Attach the Original Contract

Use exact legal names and attach a copy or reference to the original purchase contract so title reviewers can verify obligations and avoid delays in closing.

Use Clear Consideration and Effective Date Language

Specify the consideration amount and effective date to establish the transfer's timing and tax consequences; uncertain dates can complicate rights and liabilities.

Coordinate with Title and Closing Parties Early

Provide the title company and closing agent a signed assignment promptly so escrow instructions, payoff demands, and insurance can be updated before closing.

Real-World Examples of Assignments in Practice

Practical examples show how assignments speed transactions and support remote execution in real estate deals.

Tim Martin, Founder — Martin Properties

Martin Properties used assignments to close investor transactions without in-person signings.

Wholesaling and investor resale situations.
"I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Brian Fitzgibbons, COO — Optica Ventures LLC

An investor group standardized assignment templates to accelerate closings.

Reduced back-and-forth with sellers and title.
"The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Representative Roles Involved in an Assignment

Investor — Real Estate Wholesaler

A wholesaler frequently prepares and assigns purchase contracts to end buyers. They must ensure the original contract permits assignment, disclose consideration, and coordinate with title to prevent closing issues; attention to timing and notice prevents competing claims.

Title Officer — Closing Agent

A title officer reviews assignments to confirm chain of title and prepares closing instructions. They verify signatures, ensure recording or escrow instructions are updated, and advise on whether lender or seller consent is required before clearing to close.

Frequently Asked Questions and Troubleshooting

Answers to common questions about enforceability, recording, consent, and electronic execution of assignment documents.

Need help? Contact support

Can an assignment be e-signed?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and retention requirements are satisfied.
Is seller consent required?
It depends on the original purchase contract. If the contract prohibits assignment or requires consent, obtain written seller or lender consent to avoid breach or invalidation.
Should the assignment be recorded?
Recording practices vary by jurisdiction and title company preference. Recording can protect priority, but consult the county recorder and title insurer before recording.
What if names do not match?
Mismatched party names often trigger title exceptions. Use exact legal names or provide an affidavit or corrected assignment to resolve identity discrepancies.
Are remote notarizations acceptable?
Remote online notarization rules differ by state; many states permit RON with specific identity-proofing and recording requirements. Verify your state notary rules before relying on RON.
How can I correct a signed assignment error?
Minor clerical errors may be corrected by executed amendment or re-assignment and delivered to the title company; material errors could require attorney assistance to avoid closing disruption.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now