Assignor Definition: Everything You Need to Know
An assignor definition is an entity that owns rights to a piece of property and then grants those rights to a different entity. 3 min read
An assignor definition is an entity that owns rights to a piece of property and then grants those rights to a different entity.
What is an Assignor?
When a person or business owns rights to some type of property, and they then give those rights to another person or business, they are known as an assignor. The person granted the rights is called the assignee.
Assigning rights to property is quite common, and when it occurs, the assignor is allowed to place restrictions on how the assignee can use the property. Before property can be assigned, a contract will need to be created. This contract should name the person or entity who is receiving rights to the property.
In the contract, the assignor should list any limitations that they wish to place on the assignee. If both the assignor and the assignee approve of the language of the contract, they can sign the contract and exchange the property. Assignors can only sell a piece of property if they own property rights.
The sale can be contested if someone else feels that the assignor does not hold property rights. If the sale is contested in court, the assignor will need to provide documentation proving their rights, such as a:
One of the most common situations, when property is assigned, takes place before construction of a home. The assignor buys the property rights and then sells those rights to the assignee for a profit. Depending on the type of property being assigned, different rules and requirements can apply. For example, there are a variety of conditions that must be fulfilled before intellectual property can be assigned.
There are several types of property that can be assigned besides physical property, such as real estate. For example, it is possible to assign contractual rights or intellectual property. However, regardless of the type of property being assigned, the assignor will need to prove that they actually own those rights before the contract can be executed.
When assigning a piece of real estate, the assignor will need to own the property's deed or have land rights. Once the assignment has occurred, the assignee will be responsible for all fees and taxes resulting from the transfer of rights. Although less common than assigning property, it's also possible to assign intellectual property rights, including:
Intellectual property rights can only be transferred by contract. Contractual rights are another type of right that can be assigned. When an assignor transfers their contractual rights to the assignee, this person will be responsible for fulfilling the duties of the contract, even though they are not a named party. However, if it is found that the assignment is illegal or alters the contract in some way, courts usually will not uphold the assignment.
There are a few circumstances where an assignment is prohibited:
- Personal injury lawsuits.
- Claims that involve the government.
- Future wages.
What is an Assignment of Contract?
An assignment of contract is when a party who is named in a contract grants their rights and responsibilities to a third-party. In most cases, contract assignments occur when the assignor wants someone else to take over their contractual duties. For this to occur, the assignee must be informed of their obligations, as well as their rights.
For an assignment to be successful, there are several factors that come into play. However, the most important part of an assignment is the wording of the contract. In certain cases, it's possible that a contract will expressly forbid assignment, meaning transferring contract rights would be in possible. It may also be possible that a contract will only allow assignment after the third-party has consented.
If you sign a contract to have milk delivered to your house on a daily basis, and the dairy assigns this responsibility to another dairy, your contract would now be with the new company.
When assigning contractual rights, the assignor should be aware that they may still be liable for breach of contract. Certain contracts will include language that requires that the original party guarantee contractual performance, even if they have assigned their duties to another person. If a contract has this provision, and you are the assignor, you can be sued if the assignee does not fulfill their obligations.
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