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An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract.The assignor must agree to assign their rights and duties under the contract to the assignee.
Assignment is the transfer of all rights to the buyer (assignee) from the seller (assignor).Assumption is like an Assignment except the seller is released from all liability under the terms of the lease. This is rare and it almost never happens.
An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract.
Related Content. Also called an assignment and assumption. An agreement in which one party transfers its contractual rights and obligations to another party.
An assignment of contract occurs when one party to an existing contract (the "assignor") hands off the contract's obligations and benefits to another party (the "assignee"). Ideally, the assignor wants the assignee to step into his shoes and assume all of his contractual obligations and rights.
Release of the Debtor. In consideration of the assumption of the Debtor's Liabilities, the Creditor (a) agrees to look solely to the Assuming Party for the payment and the performance of the Liabilities; and (b) forever releases and discharges the Debtor from the Liabilities.
If you need to leave a property before your lease is up, a Lease Assumption Agreement enables the tenant to transfer the lease to another person, known as the "assignee." This process needs to be approved by the landlord.Instead, the original tenant is jointly responsible for the terms of the lease with the assignee.
The landlord's lawyer usually prepares the agreement. However, the outgoing tenant or the incoming tenant pays these costs, not the landlord.