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Assignment of Real Estate Contract

This document summarizes an assignment of contract between KENA Capital (Assignor) and A+ Property Management (Assignee). KENA Capital was the original buyer of a property located at 1106 W Mauretania St in Los Angeles under a contract with the seller. KENA Capital is assigning its rights and interests in the contract to A+ Property Management, who will pay $450,000 plus closing costs to purchase the property with a closing date of December 2, 2022. A+ Property Management will also pay KENA Capital a $25,000 assignment fee.

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Susan Park
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0% found this document useful (0 votes)
36 views5 pages

Assignment of Real Estate Contract

This document summarizes an assignment of contract between KENA Capital (Assignor) and A+ Property Management (Assignee). KENA Capital was the original buyer of a property located at 1106 W Mauretania St in Los Angeles under a contract with the seller. KENA Capital is assigning its rights and interests in the contract to A+ Property Management, who will pay $450,000 plus closing costs to purchase the property with a closing date of December 2, 2022. A+ Property Management will also pay KENA Capital a $25,000 assignment fee.

Uploaded by

Susan Park
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

DocuSign Envelope ID: 2E26EDEA-F125-4BC1-9CAA-06037194C023

ASSIGNMENT OF CONTRACT

This Assignment o f Contract (?Assignment?) made and entered into this 19th day o f
Nov 2022 by and between K E N A Capital (??Assignor?) and A + Property Management,
Investment & Development Services LLC(??Assignee?).

RECITALS

A. A s s i g n o r is the B u y e r under the certain C o n t r a c t f o r Purchase and Sale dated


N o v 14, 2 0 2 2 b e t w e e n Deborah M M a x s o n and K E N A Capital, L L C (the
?Contract?) for the property located at 1106 W Mauretania St Los Angeles, CA 90744
(the ?Property?).

B. It is the intention by virtue o f this Assignment that Assignor assign, transfer and
convey unto Assignce all o f its right, title and interest in and to the Contract and that the
Assignee accept all obligations thereunder.

N O W THEREFORE, for and in consideration o f the natural covenants and promises


as hereinafter expressed and other good and valuable considerations, the receipt and
sufficiency o f which is hereby acknowledged, the parties covenants and agree asf o l l o w s :

1. The Recitals set forth above are true, accurate and correct and incorporated herein
by reference.

2. Assignor does hereby sell, assign, transfer and convey all of its right, title and
interest in the Contract, including any deposits made thereunder by the Assignor
to the Assignee effective the date o f this Assignment.

3. Assignee has agreed to purchase the Property for $450,000.00 plus closing costs
as dictated by the Contract, with a closing date set for Dec 02" 2022 or earlier.

4. Assignee will pay an agreed-upon assignment fee o f $25,000.00 (invoices attached


hereto as Exhibit ?A?) to Assignor.

5. Assignee will wire a non-refundable deposit in the amount o f $10,000.00 to


First California Escrow

6. The Assignee does hereby accept the Contract and covenants and agrees to
perform all o f the terms and conditions thereunder and to hold harmless and
indemnify Assignor from any and all actions, causes o f action, claims, damages
and expenses, including attorney?s fees arising out of the failure o f the Assignee
to perform the obligations as the Buyer thereunder.

7. Assignor and Assignee warrant and represent, each to the other, that they have the
power and authority to enter into this Assignment, that there are no defaults under
the terms o f the Agreement o f which the parties are aware, and that Assignor has
not previously assigned, transferred, pledged or hypothecated Assignor?s interest
in the Agreement.

K E N A Capital, L L C - Copy Right | A l l Rights Reserved 2021 Page 1


DocuSign Envelope ID: 2E26EDEA-F125-4BC1-9CAA-06037194C023

8. This Assignment constitutes the sole and entire agreement between the parties
hereto and no modification shall be binding unless set forth in writing and signed
by ail parties hereto.

9. This Assignment shall be construed under the laws o f the State o f California.
IN WITNESS WHEREOF, the Assignor and Assignee have hereunto set their hands and
seals on the day and year first above written.

ASSIGNOR:

KENA CAPITAL, LLC

By:
Jesus Yinh, Managing Member

ASSIGNEE:

A + Property Management,
Investment & Develop Services LLC
By:
Rolandoimon

a
K E N A Capital, L L C - Copy R i g h t | A l i Rights Reserved 2021 Page
DocuSign Envelope ID: 2E26EDEA-F125-4BC1-9CAA-06037194C023

Date: Nov 19 2022

To:
First C a l i f o r n i a E s c r o w
8 0 0 E. C o l o r a d o B i v d , S u i t e 1 6 0
Pasadena, C A 9 1 1 0 !
Phone (626) 568-2775 F a x (626) 568-2863 S e n l e . G u e r r e r o @ f c e s c r e w . c o m

Property Located:
1106 W M a t u r e t a n t a St Les Angeies, C A 90744

T h i r d Party Deposit

] handy o uh e r e w i t h t h e s u m o f $10,000.00 which y o u a r e todepositt o t h e above property addressa n d / o r numbered


escrow and use for the account ofa n d subject to the instruction o f Buyer(s), K E N A Capital, L L C , w h o is/are
purchaser(s) i n s a i d escrow,i f s a i d escrow i s consummated.

In the event that this escrow is not consummated, it is understood that all funds deposited in this escrow including
the above-mentioned funds, LESS any costs and charges incurred, shall be disbursed O N L Y in accordance with
M u t u a l l y signed disburscrnent/cancellation instructions o f the B u y e r and Seller herein.

Deposit F r o m :

A+ Property Management,

Investment & Development Services LLC.


By: Rolando Limon

The undersigned B U Y E R ( S ) acknowledge(s) receipt o f a copy o f this instruction, and agree to same.

K E N A Capital, L L C :

By: Jesus Y i n h

a ]
KENA Capital, LLC - Copy Right | All Rights Reserved 202! Page
DocuSign Envelope ID: 2E26EDEA-F125-4BC1-9CAA-06037194C023

EXHIBIT A

K E N A Capital, L L C I N V O I C E

I N V O I C E #412}
D A T E : N O V E M B E R 19, 2022
NOTES:
To: .

A + Property Management, Assignment Fee for property:

Investment & Development Services L L C 1106 W M a t u r e t a n i a St Los Angeles, C A 90744

C o m m e n t s o r special i n s t r u c t i o n s :

Please wire assignment fee to: K E N A Capital, L L C

QUANTITY DESCRIPTION

A P N # 7415003007

_ Assignment Fee: 1106 W Maturetania St Les Angeles, CA 90744

SUBTOTAL

SALES T A X

SHIPPING & H A N D L I N G

TOTAL DUE

I a u t h o r i z e t h i s A s s i g n m e n t Fee i n v o i c e o f $ 1 5 , 0 0 0 . 0 0 t o K E N A C a p i t a l , L L C

A +P r o p e r t y ( a f

Investment & Development Services L L C


B y : Rolando L i m o n
O O O O ?
K E N A Capital, L L C - Copy R i g h t | A l l Rights Reserved 2021 Page
DocuSign Envelope ID: 2E26EDEA-F125-4BC1-9CAA-06037194C023

EXHIBIT A

JULIAN DOMINGO
I N V O I C E

INVOICE #4122
DATE: NOVEMBER 19, 2022
NOTES:
To:
Assignment Fee for property:
A + Property Management,
Investment & Development Services L L C 1106 W M a t u r e t a n i a St Los Angeles, C A 90744

C o m m e n t s o r special i n s t r u c t i o n s :

Please w i r e assignment fee to: Julian D o m i n g o

QUANTITY DESCRIPTION | FEE | TOTAL


A s s i g n m e n t Fee: 1106 W M a t u r e t a n i a St Los Angeles, C A 90744
A P N # 7415003007

SUBTOTAL $10,000.00

SALES T A X

SHIPPING & H A N D L I N G

T O T A L DUE

I authorize this Assignment Fee invoice o f $10,000.00 to Julian Domingo

petty Management,
Investment & Development Services L L C
B y : Rolando L i m o n

K E N A Capital, L L C - Copy R i g h t | A l l Rights Reserved 2021 Page?

Common questions

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Assignment fees impact the financial dynamics by increasing the cost burden on the assignee who must compensate the assignor beyond the property's purchase price. These fees reflect the value of rights and interests transferred, affecting the assignee’s financial calculations and investment feasibility. Consequently, they must assess the return on investment potential to ensure sustainable profitability post-acquisition .

The assignment fee structure requires the assignee to pay a total of $25,000.00 to the assignor. This fee is split into invoices of $15,000.00 and $10,000.00, detailing payments to KENA Capital and Julian Domingo, respectively. This fee adds to the financial burden of the assignee beyond the property purchase price and deposit, affecting the overall budget and financial planning for the acquisition .

The assignee, A+ Property Management, is obligated to accept and perform all terms and conditions of the original contract, which includes purchasing the property for $450,000.00 plus closing costs, paying a non-refundable $10,000.00 deposit, and agreeing to an assignment fee of $25,000.00. The assignee also covenants to hold harmless and indemnify the assignor, KENA Capital, from any claims arising from failure to perform these obligations .

The escrow company, First California Escrow, acts as a neutral party, facilitating the secure handling of the $10,000 deposit. It ensures funds are held until transaction conditions are fulfilled or terminated. In case of cancellation, escrow is responsible for disbursing funds per mutually signed instructions from both buyer and seller, upholding financial integrity and contractual compliance .

If A+ Property Management defaults, KENA Capital could enforce indemnity provisions to seek compensation for any legal actions, damages, or expenses arising from the default. Additionally, since A+ Property Management has accepted all terms and conditions, any breach would allow KENA Capital to hold the assignee legally accountable for unmet obligations. KENA Capital's rights are protected as long as the legal assignments and indemnity clauses are enforceable under California law .

The agreement includes warranties from KENA Capital that there are no prior assignments, transfers, pledges, or hypothecations of its interest under the contract. These warranties are crucial for protecting the assignee from encountering claims from third parties and ensuring clear transfer of interest, reinforcing the assignee's trust in the transaction's integrity .

Indemnification shields the assignor, KENA Capital, from financial loss or legal disputes arising due to the assignee's failure to perform contractual obligations. This is crucial in assignment agreements, where the original party transfers all its rights and interests. By enforcing indemnification, the assignor reduces its risk and potential liability associated with contractual breaches by the assignee .

A+ Property Management must assess financial readiness to cover the purchase price, assignment fees, and potential unforeseen costs due to indemnity obligations. Strategically, it should evaluate operational capacity to manage the property post-acquisition and legal aspects ensuring compliance with contract terms. Additionally, risk management plans should be developed to address potential defaults or contractual disputes, securing investment stability .

The assignment date, set on November 19, 2022, initiates the obligation for the assignee to close the property purchase by December 2, 2022, or earlier. This timeline necessitates expedited actions from the assignee, including fulfilling financial obligations and ensuring all contractual conditions are met within the short window before the closing date, influencing strategic and operational planning .

If the transaction is not consummated, the escrow funds, which include the $10,000 deposit from A+ Property Management, will be returned to the respective parties, after deducting incurred costs and charges. This disbursement requires mutually signed cancellation instructions from both buyer and seller, ensuring no unilateral release of the funds .

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