I got in a discussion the other day with another agent. I wanted to use the words "and assigns" following a persons name. The reason being the individual was in the process of forming a couple business entities and was unsure, without talking with their tax person, whether or not to take title in their own name or the business name. The other agent was adamant that the term could not be used. In fact pointed out the WAR form prohibits assigning. My argument was true enough but (in the hierarchy of alterations) typing alters printed forms, written is over typing, etc. , and therefore we were changing the form and intent and it was correct and could in fact be used. Since this is a fairly common occurrence I would be interested in any feedback.

Thanks!

 

3 Comments on And Assigns

I think the WAR legal hotline addresses "assigns" in some detail. I'm not a broker or an attorney, but I believe the PSA says you can't assign without permission of the seller. Even if you put and/or assigns on the contract you still need the permission. (I think I remember the hotline suggesting that they probably always have to give such permission) Anyhow, check the legal hotline.

04/03/2007 09:58 AM by Geordie Romer, CRS, e-PRO (Windermere Real Estate / NCW)

Thanks Geordie. I know Annie always says..but consult an Atty. So thought Id see what the experience is. Seems to me by inserting it into the contract and having the seller sign and initial aren't you getting consent?

04/03/2007 12:21 PM by Perrin Cornell, ABR (Windermere RE/NCW)

No. I think you need consent of the seller of your particular assignee. (I was too busy today to look it up.) It sounds counterintuitive, but I think that's the current read in Wa.

04/03/2007 10:29 PM by Geordie Romer, CRS, e-PRO (Windermere Real Estate / NCW)

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Real Estate Agent: Perrin Cornell, ABR (Windermere RE/NCW)
Perrin Cornell, ABR
Wenatchee, WA
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Windermere RE/NCW

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