Assignees, Nominees And Other Extra-terrestrial Buyers

This world would be unquestionably a simpler place to live in, if one was at least given the right to know whom he is selling his own house to. But after nineteen years of real estate sales practice, I have come to the realization that this is not meant to be.

The common law Doctrine of Privity as it relates to contracts provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it. In essence, the Doctrine of Privity of Contracts simply states, that only the parties to a contract have the right to sue or be sued under it. This means, generally speaking, that third parties who get a benefit under a contract do not have the right to go against the parties to the contract beyond the entitlement to such benefit. An example of this occurs when a manufacturer sells a product to a distributor and the distributor sells the product to a retailer. The retailer then sells the product to a consumer. There is no privity of contract between the manufacturer and the consumer.

However, one exception to this doctrine is that for contracts, which create an interest in land. Contracts involving real property