Legal Question in Real Estate Law in California

Are real estate contracts assignable in CA by default? If there is nothing saying a contract can't be assigned, can it be?


Asked on 5/30/13, 12:50 pm

1 Answer from Attorneys

Generally, yes. However, in any specific case the answer may be no. For example, if the seller is going to carry back a note and deed of trust for any portion of the purchase price, then the contract has been entered into based on the seller's decision to accept the buyer's credit-worthiness. The buyer cannot then assign the contract to someone without the seller's consent to the credit qualification of the new buyer. The core question is whether the other party's decision to enter into the contract was based on something personal to the party seeking to assign the contract.

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Answered on 5/30/13, 1:13 pm


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