Legal Question in Real Estate Law in Minnesota
If person "A" is selling their home and person "B" put an offer in and it was accepted by person "A" can person "C" offer "B" money to walk away? Person "A" will receive the same amount that was settled upon with "B". The only difference would be person "B" walks away and "C" gets the home. Is that legal?
2 Answers from Attorneys
The full facts would need to be known. I suggest you study the principles of 'offer' and 'acceptance' in law. If you face such an issue, do confer privately with an attorney and she/he can assist and advise you. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Real Estate Attorney,Minnesota Contract Law, http://dwyerlawfirm.net
Your question appears to be, "Can someone assign their rights in a contract to someone else?" Minnesota Courts have said that contract rights are generally assignable, except where the assignment is: (1) prohibited by statute; (2) prohibited by contract; or (3) the contract involves a matter of personal trust or confidence. If none of those apply, "B" could assign their rights in the contract to "C". An attorney should review the particulars facts and details of the transaction further to provide further guidance.