Are electronic signatures valid on an assignment?

Yes. Electronic signatures are legally effective under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws where adopted. Ensure intent, consent, attribution, and durable record retention are documented to meet the ESIGN/UETA requirements.

Is seller or lender consent always required?

Not always. Consent depends on the original PSA and any loan documents; many PSAs or mortgages include assignment restrictions. Review the PSA and lender documents for consent clauses before relying on an assignment.

Does an assignment change the original closing obligations?

An assignment shifts contractual rights and many obligations to the assignee but does not automatically change the PSA terms unless the parties execute an amendment. Confirm whether remaining contingencies or approvals survive assignment.

Do I need to record the assignment in public records?

Recording is typically not required to transfer contract rights, but local practices vary and recording may protect priority interests. Check county recorder rules and the PSA for any required filings.

How do I correct errors after signing?

Correct minor errors with a corrective assignment or amendment signed by all parties. For material mistakes, consult counsel; improper corrections may create enforceability or title issues.

Can I revoke or cancel an executed assignment?

Revocation depends on the assignment terms and whether the assignee provided consideration. A unilateral revocation may be ineffective; use an executed release or mutual rescission to avoid disputes.

Electronic Signature
Templates
Real estate
Real Estate PSA Assignment

Real Estate PSA Assignment

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REAL ESTATE PSA ASSIGNMENT

Parties

Assignor (Current Buyer under PSA) Assignee (Transferee)

Property Identification

Street Address Parcel / APN Number Legal Description

Recitals

WHEREAS, Assignor entered into a Purchase and Sale Agreement (the "PSA") with Seller: , dated , covering the Property described above; and

WHEREAS, Assignor desires to assign, transfer and convey to Assignee certain rights, interests and obligations under the PSA, and Assignee desires to accept such assignment and to assume the obligations set forth in this Agreement on the terms and conditions set forth herein.

Assignment and Assumption

1. Assignment. For good and valuable consideration, receipt of which is hereby acknowledged, Assignor hereby assigns, transfers and conveys to Assignee all of Assignor's right, title and interest in and to the PSA to the extent assignable under the PSA and applicable law.

2. Assumption. Assignee hereby accepts the foregoing assignment and agrees to assume and perform all obligations, liabilities and duties of Assignor under the PSA arising from and after the Effective Date of this Assignment, and to indemnify and hold Assignor harmless from and against any defaults, claims, losses or liabilities arising from Assignee's failure to perform such obligations.

Assignment Consideration (Assignment Fee) Payment Terms

3. Effective Date. The Effective Date of this Assignment shall be or the date on which the seller provides written consent to the assignment if required by the PSA, whichever is later.

4. Seller Consent. Assignor represents that the PSA Seller consent is obtained. If seller consent is required and not yet obtained, Assignor will use commercially reasonable efforts to obtain such consent prior to Closing. Seller providing consent:

Representations and Warranties

Assignor represents and warrants that: (a) Assignor has the full right, power and authority to enter into and perform this Assignment and to assign the rights described herein; (b) to Assignor's actual knowledge, there is no existing default under the PSA by Assignor as of the Effective Date, except as disclosed in writing below; (c) the PSA is in full force and effect and has not been amended except as disclosed below.

Assignor Disclosures (known defaults or amendments)

Assignee represents and warrants that: (a) Assignee has the full corporate or individual authority to accept this Assignment and to assume the obligations under the PSA; (b) Assignee possesses the financial capacity or financing arrangements necessary to perform Assignee's obligations under the PSA following the Effective Date.

Assignee Financing / Source of Funds (brief description)

Disclosures Regarding Property

Has Assignor or Assignee been informed of any of the following conditions affecting the Property?

Lead-Based Paint: Yes No

Mold or Water Intrusion: Yes No

Structural or Foundation Damage: Yes No

Environmental Hazards (e.g., contamination): Yes No

If Yes, describe

Indemnity; Release

Assignee shall indemnify, defend and hold Assignor harmless from and against any losses, liabilities, claims or expenses (including reasonable attorneys' fees) arising from Assignee's breach of the PSA after the Effective Date or from Assignee's failure to perform any obligation assumed hereunder. Assignor is released from obligations under the PSA arising after the Effective Date to the extent Assignee performs those obligations, provided Seller's consent (if required) is obtained.

Default and Remedies

Any breach of this Assignment shall entitle the non-breaching party to exercise all remedies available at law or in equity, including specific performance, monetary damages and recovery of reasonable attorneys' fees. The parties agree that money damages may be an inadequate remedy and that specific performance may be appropriate to effectuate the transfer of rights under the PSA.

Notices

Assignor Notice Address Assignee Notice Address

Notices shall be given in writing and shall be effective upon personal delivery or three (3) days after deposit in the United States mail, postage prepaid, or upon confirmed transmission when sent by certified electronic delivery to the addresses provided above.

Governing Law; Miscellaneous

This Assignment shall be governed by and construed in accordance with the laws of the state where the Property is located. This Assignment, together with the PSA, constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings. No amendment shall be effective unless in writing and signed by both Assignor and Assignee.

This Assignment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Electronic signatures and electronic delivery of a signed counterpart shall be effective to bind the signing party.

Further Assurances

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

Signatures

Assignor Printed Name:

By:

Date:

Assignee Printed Name:

By:

Date:

What a Real Estate PSA Assignment Is and When it’s Used

A Real Estate PSA Assignment transfers the rights and obligations under an existing Purchase and Sale Agreement (PSA) from the original buyer (assignor) to a new buyer (assignee). Assignments preserve the underlying contract terms while changing who closes the purchase. They are used in investor transactions, contract wholesaling, corporate restructures, and situations where the original purchaser cannot or prefers not to close. Assignments typically reference the original PSA, state law governing assignment rights, any required consents (seller or lender), and the assignment fee or consideration exchanged between the parties.

Why a Clear Assignment Matters for Risk and Closing Certainty

A properly executed PSA assignment clarifies who has closing responsibility, preserves deposit and escrow flow, and documents consideration between assignor and assignee. It reduces disputes about entitlement and helps title/escrow agents identify the correct parties at closing.

Who Typically Prepares or Signs a PSA Assignment

The following parties most often prepare, review, or sign a PSA assignment in real estate transactions.

Real estate investors and assignors who sell their contractual position to realize a profit or exit a contract
Assignees or replacement buyers who acquire the assignor's rights and must confirm deposit/closing responsibilities
Title and escrow officers, real estate brokers, and attorneys who confirm document acceptance and prepare closing paperwork

Each participant has different responsibilities: assignors provide notice and papers, assignees provide consideration and signatures, and escrow/title confirm marketability and payoff of deposits.

Essential Elements to Include in a Professional PSA Assignment

A complete assignment document ties directly to the original PSA and addresses parties, payment, and closing logistics.

Assignment Clause

Reference the original PSA by title, execution date, and parties; specify which rights and obligations are assigned and any retained duties.

Parties

Name the assignor and assignee using exact legal names and entity types; include contact and mailing addresses for each party.

Consideration

State the assignment fee or other consideration, payment timing, and whether deposits transfer or remain subject to original escrow instructions.

Effective Date

Declare the effective date of assignment and how that date affects deadlines, contingencies, and notice periods tied to the PSA.

Consents

Document seller, lender, or other required consents per the original PSA or mortgage documents, and include any conditional approvals.

Escrow / Closing

Specify how escrow will handle funds, who will appear at closing, and any closing condition changes or title matters to be resolved.

Required Data Points to Include on the Assignment

Buyer Name: Full legal name

Seller Name: Full legal name

Property Address: Street, city, state, ZIP

Original PSA Date: MM/DD/YYYY

Assignment Fee: Dollar amount

Escrow Contact: Escrow company and officer

Step-by-Step: Completing a PSA Assignment

Follow these steps to confirm rights, fill the assignment, secure consents, and deliver documents for closing.

01

Review PSA: Confirm assignability and consent clauses in the original PSA.
02

Complete Assignment: Populate parties, property details, effective date, and consideration.
03

Get Required Consents: Obtain seller and lender consents if PSA or loan documents require them.
04

Deliver to Escrow: Send signed assignment, copy of PSA, and deposit instructions to escrow/title.

How to Prepare and Customize the Assignment Online

Configure your e-signature workflow so the assignment is populated correctly, authenticated, and distributed to escrow and title.

Field	Configuration
Authentication Method	Email link plus optional SMS code
Signature Type	Clickable e-signature with timestamp
Conditional Fields	Show lender consent field only when required
Template Settings	Preload PSA reference and property legal description

Where to Send the Executed Assignment

After signing, distribute the assignment to parties and service providers listed below to ensure proper handling before closing.

Original Seller: Deliver to seller or seller's counsel per PSA notice requirements.
Escrow / Title: Provide signed assignment, PSA copy, and deposit instructions.
Lender (If Required): Send lender consent and revised closing instructions when loan documents demand notice.
Assignor / Assignee: Each party keeps an executed copy for records and closing coordination.

Distribution Options and Technical Considerations

Choose distribution channels that create verifiable delivery records and meet any consent or authentication requirements.

Email Delivery: Simple, fast delivery with read receipts and audit trail
Certified Mail: Provides postal proof of notice and delivery
eSignature Platforms: Use platforms supporting PDF/A export and audit trails

Combine methods as needed: use eSignature for execution and certified mail or recorded delivery when formal notice with proof is required by the PSA or state law.

Common Deadlines and Timing to Track

Key dates govern notice periods, contingency deadlines, and coordinated closing tasks; track them precisely against the original PSA.

Notice Deadline:

Submit assignment notice within timeframe required by the PSA

Contingency Cutoffs:

Ensure assignment preserves or adjusts inspection and financing deadlines

Deposit Handling:

Confirm when deposits transfer to assignee or stay with assignor

Closing Date Coordination:

Align assignee availability with the PSA closing date

Recordation Timing:

Record any required documents per local recording office timetable

Common Pitfalls When Drafting or Executing an Assignment

Failing to confirm assignability or required consents before signing, which can lead to breach claims and rescission
Using inconsistent party names or abbreviated legal names, triggering title or escrow rejections and closing delays
Neglecting to transfer or document deposit handling, creating disputes over who holds funds at closing
Omitting clear reference to the original PSA, causing ambiguity about which contract is being assigned

Potential Consequences of an Incorrect or Defective Assignment

Contract Breach: Damages or rescission risk

Deposit Loss: Forfeiture or disputed escrow funds

Title Problems: Marketability objections at closing

Lender Default: Loan acceleration or consent denial

Recording Defect: Impaired public record or priority issues

Tax Reporting: Incorrect reporting of assignment consideration

Saving, Exporting, and Supporting Documents to Include

Ensure executed assignments and supporting papers are saved in durable formats and accompanied by key exhibits for closing and title review.

Download Formats

Save signed assignment as PDF/A and retain a copy in original DOCX for editing history and compliance.

Signed PDF

Include a certificate of completion or audit trail embedded in the PDF showing timestamps, signer identity, and IP addresses.

Supporting Documents

Attach the original PSA, escrow instructions, proof of consideration payment, and any seller or lender consents as exhibits.

Record Copies

Keep one fully executed set for escrow/title, one for each party, and an archived copy for legal retention.

Typical Signatories and Their Roles

Assignor — Investor

The assignor is the original buyer under the PSA who transfers their contract rights. Their responsibilities include disclosing the PSA terms, delivering the executed assignment, and coordinating any deposit transfer or remaining obligations to ensure a clean closing transition.

Assignee — New Buyer

The assignee acquires the assignor's rights and assumes closing responsibilities. The assignee must provide required consideration, confirm financing or contingency status, sign the assignment, and coordinate with escrow and title to accept the contract position.

Frequently Asked Questions About PSA Assignments

Answers to common legal and practical questions when preparing, signing, or delivering a real estate PSA assignment.

Need help? Contact support

Are electronic signatures valid on an assignment?
Yes. Electronic signatures are legally effective under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws where adopted. Ensure intent, consent, attribution, and durable record retention are documented to meet the ESIGN/UETA requirements.
Is seller or lender consent always required?
Not always. Consent depends on the original PSA and any loan documents; many PSAs or mortgages include assignment restrictions. Review the PSA and lender documents for consent clauses before relying on an assignment.
Does an assignment change the original closing obligations?
An assignment shifts contractual rights and many obligations to the assignee but does not automatically change the PSA terms unless the parties execute an amendment. Confirm whether remaining contingencies or approvals survive assignment.
Do I need to record the assignment in public records?
Recording is typically not required to transfer contract rights, but local practices vary and recording may protect priority interests. Check county recorder rules and the PSA for any required filings.
How do I correct errors after signing?
Correct minor errors with a corrective assignment or amendment signed by all parties. For material mistakes, consult counsel; improper corrections may create enforceability or title issues.
Can I revoke or cancel an executed assignment?
Revocation depends on the assignment terms and whether the assignee provided consideration. A unilateral revocation may be ineffective; use an executed release or mutual rescission to avoid disputes.

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