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Updated about 2 years ago on . Most recent reply

User Stats

40
Posts
11
Votes
Joshua Kim reid
  • Investor
  • Winston-Salem, NC
11
Votes |
40
Posts

Question on Seller consent.

Joshua Kim reid
  • Investor
  • Winston-Salem, NC
Posted

Hey all! I don't know if all contracts are this way, but in NC I've read that all contracts are automatically assignable. However, I've recieved a template from an attorney and it states that in order for me to assign, I would need "seller consent". Would that require a complete different form, or would that need to be included in the original contract with the seller? Also, if anyone knows of any assignment-friendly title companies/attorneys near me, I would love to know!

PS- The attorney that sent the template doesn't do assignments.

Most Popular Reply

User Stats

40
Posts
11
Votes
Joshua Kim reid
  • Investor
  • Winston-Salem, NC
11
Votes |
40
Posts
Joshua Kim reid
  • Investor
  • Winston-Salem, NC
Replied
Quote from @Scott E.:
Quote from @Eliott Elias:

Depends on state, in Texas all contracts are assignable unless stated otherwise. 

He wasn't asking about Texas.

@Joshua Kim reid - I wouldn't use a template from an attorney that doesn't do assignments. A real estate attorney can help with this, but I recommend you talk to a couple of real estate agents and title companies first.

Most agents and title companies in your area should understand the rules around assignments in NC. Once you have a base understanding of what is appropriate and acceptable around there for contract language, then you can call up the real estate attorney, present the information, and have them give their blessing. This way you're only paying for ~1 hour of their time.

 The copy of the contract I got was from a Real Estate Attorney's office, told me they don't work with assignments, but proceeded to sent me the copy. All replies and advice I've received so far have been extremely helpful! I appreciate you all!

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