Is a contract still binding if the original company sells a person’s contract to a third party without prior apporval?

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Is a contract still binding if the original company sells a person’s contract to a third party without prior apporval?

Asked on December 12, 2012 under Business Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, it generally is still binding, with two exceptions:

1) The contract itself had a term or clause prohibiting it from being assigned (transferred or sold), either at all or without consent.

2) The contract was for the provision of personal services. For example, say you are a graphic artist and personally (not as an LLC or corporation) contracted to provide design and layout services for Company X; Company X could not sell or assign your  contract to Company Y (unless Company Y bought Company X).

Otherwise, assignment is legal.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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