Contracts

An assignee of a Utah real estate purchase contract takes the contract:

AWith all original terms but free from any defenses the seller had against the original buyer
BSubject to all defenses and claims that existed between the original parties✓ Correct
COnly with written approval from the Utah Division of Real Estate
DWith the right to modify all original contract terms

Explanation

An assignee steps into the shoes of the original party and takes the contract subject to any defenses that existed between the original parties. Unlike a holder in due course of a negotiable instrument, a contract assignee gets no special protections.

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