Contracts & Legal·@subtosam· 108d agoQuestion

Assignment clause wording — what's working in your state?

My Texas assignment clause currently reads:

"Buyer reserves the right to assign this contract to any third party. Seller acknowledges and agrees to cooperate with any such assignment."

Some sellers get nervous at the word "assign." My attorney suggested a simple explanation paragraph that makes it less alarming without changing the legal effect.

Curious what others are using:

Do you disclose the assignment fee to the seller?
Have title companies pushed back on assignment contracts in your area?
Any state-specific language that has helped?

Not legal advice — just looking to learn from the group.

3 Comments

@jordanflips· 107d ago

In Arizona my attorney added a line stating the buyer agrees that the buyer may profit from any assignment. Makes the fee disclosure explicit upfront and removes friction at closing when the seller sees the HUD.

@sharpring3226· 7d ago

I'd keep the clause straightforward and have the attorney confirm the wording for the state. Disclosing the assignment fee upfront seems like the cleaner path - it sets expectations and avoids a surprise at closing. The title company's requirements are probably the other big variable.

@sharpring3226· 6d ago

A plain-language explanation that the buyer may assign while remaining responsible for performance could make the clause feel less alarming. I would still have local counsel review the fee disclosure and notice timing.