When reviewing the assignability options on the offer sheet, there are typically three choices:

1. Assign and Release: This option favors the buyer. It allows them to assign the contract to anyone or any entity, and they are released from any further obligations once the assignment is made.
2. Assign but May Not Be Released: This is often the most balanced and fair option. It allows the buyer to assign the contract but still holds them liable for the agreement even after the assignment. It provides flexibility for the buyer to assign to a corporation or other entity, while ensuring that the seller can still hold the original buyer accountable if needed.
3. Not Assign: This option favors the seller. The buyer is bound by the agreement and cannot transfer it to anyone else, which limits the buyer’s ability to exit the deal.

In practice, the middle option is typically the best choice because it allows the buyer some flexibility to assign to another party (such as a corporation) while still holding them responsible for the contract, giving both parties fair protection.

It’s also worth noting that while the buyer can exit before the due diligence period ends, they risk losing their deposit if they try to pull out after that. This balance helps ensure both buyer flexibility and seller protection.