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Is it legal for a real estate contract to be transferred to another individual without the seller's knowledge?

Media, PA |

When originally signing the contract, the seller thought the contract was between him and the original buyer not the buyer on the final documentation. It was told to the seller after the fact that the original buyer put the other buyer in his place..

Attorney Answers 3


Unless the contract says otherwise, it can usually be assigned to another party. But my question back to you is, "Who owns the real estate?"

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Generally unless the seller is taking back financing, a court will not enforce a no assignment clause because there are no damages. Under current revenue regulations, there will be double transfer tax.

DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. When answering questions on AVVO, attorneys are prohibited from directly soliciting business. Don't take this as an indication of lack of interest. Follow my answers to other questions on Twitter @LandLawyer James S. Tupitza 212 West Gay Street West Chester, PA 19380 610-696-2600

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If the contract does not prohibit assignment, it can be freely assigned (or transferred) to another buyer. And, as Mr. Turpitza said in his answer, even if it prohibits assignment, it will be difficult to have a court uphold that clause. If the seller is concerned, and if the closing has not occurred, the seller should consult quickly with an experienced attorney in county in which the property is located to review options.

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1 comment

Fred A. Holland

Fred A. Holland


Oops - sorry for the bad keyboarding - there should be no "r" in Mr. Tupitza's last name.

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