An assignor is a party who transfers rights, property, or benefits to another party called “the transferee”. The act of transferring these rights, property, or benefits is known as an assignment. Until these rights are transferred, the two original parties in a transaction are known as the promissory (a person who makes a promise, such as when a car buyer promises to make payments for a new car) and promissory (a person to which it is done). The term is used in contract and property law.
There are several scenarios in which a transferor can engage in contract and real estate law assignments.
Definition and examples of an assignor
An assignor is an original party to a contract who can assign the rights, property, or benefits of that contract to another person (the assignee). A transferor can be an individual, group, company, or other entity. Once the assignment of the contract has taken place, the assignor’s rights to the contract are transferred to the assignee.
Here are some examples of the role played by a loan originator in some common scenarios.
The contract between a car rental consumer and a dealership is often awarded to a third party. The initial contract is signed between the car buyer and the car dealer when a vehicle is purchased or rented. The buyer and the dealer are the two original members of the contract. The car dealership (the assignor) will sell the loan on the car to a bank (the assignee) in an assignment. The bank now holds the right to collect money from the car owner in exchange for ownership of the vehicle. The bank notifies the owner of the car (the “obligated”), and payments are made to the bank instead of the dealership.
In an auto loan scenario, the car dealer is the transferor, the bank is the transferee, and the car owner is the borrower.
It is not uncommon for a tenant to move out before the end of the lease. If the original lease provides for the lease to be transferred to another person, tenants may transfer that lease to another person in an Assignment. It is more commonly called a lease takeover or lease transfer. Here, the tenant (transferor) transfers the rights to live in the property to the new tenant (assignee). The apartment community is the debtor, the original tenant is the transferor and the new tenant is the transferee.
It is also common to see real estate assignments. One tool that real estate investors can use is a real estate transfer agreement. This is more commonly known as wholesaling, contract selling, contract reversal, or real estate transfer.
In this type of transaction, a real estate investor finds a property to buy from an owner. They sign a contract for the property at a sale price they both agree on.
The language of the contract must allow the assignment of the contract to a third party. If no language provides for the award of the contract, no assignment can be made.
Subsequently, instead of closing the sale, the real estate investor will find a new buyer for the property at the agreed contract price. What the real estate investor is selling is the right to buy the property from the original owner for the terms agreed in the contract. In return, the real estate investor earns an allotment fee, usually around $ 5,000.
In this example, the original owner of the property is the obligor, the real estate investor is the transferor, and the ultimate buyer is the transferee.
How does a transferor work?
In general, all contractual rights can be assigned by the assignor. There are a few exceptions, including where:
- Prohibited by law
- The contract prohibits the transfer of the contract
- The assignment would substantially change the risk or alter the obligations of the debtor
- The contract awarded is for personal services
An assignment occurs when the assignor is interested in finding a replacement to fulfill or receive the benefits of the original contract. It can be out of necessity, convenience, generosity, or another reason.
For example, a bankrupt company may need to find a replacement for the lease on its place of business. Rather than continuing to make payments to a landlord, the business (transferor) may be able to find a new tenant (transferee) to exercise the right to occupy the property in exchange for paying the rent to the (obligated) lessor. . This is only possible if the contract provides for an assignment.
Another reason an assignor may want to transfer rights is for convenience. In an earlier example, a car dealership (assignor) sold auto loans to a bank (assignee). This frees the dealership to sell cars instead of service loans. It makes more sense for the bank to serve an auto loan rather than a dealership to do so.
Each party to the engagement has a role, as shown in the examples provided.
The role of the transferor: The transferor is the party who transfers their contractual rights to another party. These contractual rights include both contractual obligations and benefits. The transferee assumes the role of the transferor to fulfill the contract with the debtor. The assignor no longer has a role in the contract after the award of the contract has been completed.
An assignor acts as an assignor only when it transfers the rights and obligations of a contract to an assignee. In other words, the assignor would continue in its role as promissory (as opposed to assignor) in the absence of assignment.
The role of the assignee: The assignee is the party who accepts the contractual rights from the assignor. The assignee can be an individual, group, company, or other entity. The transferee is not an original party to the contract but intervenes to fill the role contractually provided for by the transferor.
Once the valid assignment of the rights has been made, the assignee must notify the assigned debtor. The transferor no longer has any role in the contract.
The role of the debtor: The debtor is the original contractor contracting with the assignor. When the contract is assigned by the transferor to the transferee, the debtor now owes the benefit (such as the rent or the payment of the car) to the transferee.
Transferor against delegate
A transferor is similar to a delegator. The delegator frees himself from the responsibilities of the assignment by delegating them to a third party. However, unlike an assignor, the delegator is not completely exempt from obligations (or advantages). If the delegate does not fulfill the obligations of the assignment, the delegator is in any case responsible for carrying out the obligations of the original contract.
A party that transfers rights, benefits, and obligations to a third party, an “assignee”. The subject releases himself from the duties of the assignment by delegating them to a third party, a “delegate”.
Once the assignment is legal, the assignor’s contractual rights cease. Remains responsible if the delegate does not perform.
It no longer holds any rights or benefits of the original contract. Not all tasks can be delegated.
- The assignor is the person who transfers rights and obligations to an assignee.
- The assignors waive their rights and obligations towards the assignee.
- The original contract must allow for assignments for an assignor to transfer rights to an assignee.
- Alternatively, contracts can be delegated rather than assigned.