Legal Question in Real Estate Law in Florida

Definition of and/or assigns

When the following phrase is used in a contract, what does ''and/or assigns'' mean? Is it a ''catch all phrase'' to include anyone they did not list? The phrase may also contain the words company, director, employee, agent, etc., but the sentence always ends with ''and/or assigns.''

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''This agreement and the covenants hereof shall bind and inure to the benefit of parties hereto, and their respective successors, heirs, executors, administrators, personal representatives, legatees and/or assigns.''

Thanks for clearing this up for me.

Asked on 9/18/03, 4:46 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.
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Re: Definition of and/or assigns

Assigns and assignees are the same. An assignee receives what his assignor transfers to him. There will usually be a written document which spells out the assignment. The assignment creates legal responsibilities on both parties.

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9/18/03, 6:16 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP
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Re: Definition of and/or assigns

The phrase refers to any person or entity that may step into the shoes of the grantor/assignor which is typically the original party to the agreement. The assignee steps into the shoes of the assignor through an "assignment" which is generally a written document that set forth exactly what is being assigned from the assignor to the assignee and the legal responsibilities created by such assignment.

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9/18/03, 10:39 pm

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