Is “and or assigns” necessary?

[Account Closed]

Hi all. If I don’t write in my real estate sales contract, “and or assigns,” is it still possible for me to assign it (if need be and the seller agrees)? My contract says I can assign if the seller gives express written consent.

[Adam Schneider]

@Account Closed -- if you are using the 2-T (standard NC contract), it says the contract is not assignable unless specifically stated that it is assignable. I think it's fair to say that NC takes the position that a contract isn't assignable as a default position, and the parties need to agree in writing that it is assignable to break from the default position. If you aren't using the 2-T, and you had an attorney draft a P & S for you, why not just edit it so it speaks to the contract being assignable?