Assignment Clause

Discover what an assignment clause is in Canadian real estate, how it works in pre-construction deals, and what to consider before assigning your agreement.

Assignment Clause



What is an Assignment Clause?

An assignment clause is a provision in a real estate agreement that allows the buyer to transfer their contractual rights and obligations to another party before closing.

Why Assignment Clauses Matter in Real Estate

In Canada, assignment clauses are particularly relevant in pre-construction or off-plan real estate deals. They provide flexibility by allowing the original buyer (the assignor) to 'assign' or sell their purchase agreement to a new buyer (the assignee) prior to taking possession.

Key details typically outlined in the clause include:
  • Whether assignment is permitted
  • Conditions for assignment (e.g., with or without the seller’s consent)
  • Any associated fees (builder or developer fees can range from $1,000 to $5,000 or more)
Assignment clauses are valuable tools in fluctuating markets. Buyers may use them to profit from rising property values or to exit a deal if circumstances change. However, not all developers or sellers allow assignments, and some impose strict restrictions.
Understanding the assignment clause helps prevent legal issues and financial losses, especially in fast-paced urban condo markets where assignments are common. Legal advice is recommended before entering or assigning such agreements.

Example of an Assignment Clause in Action

A buyer of a pre-construction Toronto condo assigns their contract to another purchaser after the unit appreciates by $50,000. The assignment clause in their agreement permits this with a $2,500 developer fee.

Key Takeaways

  • Allows a buyer to transfer their purchase agreement.
  • Common in pre-construction real estate.
  • May require developer approval and fees.
  • Useful in changing market or personal situations.
  • Must be reviewed carefully with legal guidance.

Related Terms

  • Assignment Sale
  • Pre-Construction Condo Purchase
  • Purchase Agreement
  • Deposit
  • Closing Date

Additional Terms

Bridge Financing

Bridge financing is a short-term loan that helps homebuyers cover the financial gap between buying a new property and selling their existing one.. more

Bridge Loan

A bridge loan is a short-term financing option that allows homeowners to borrow against the equity in their current property to fund the purchase of. more

Firm Offer

A firm offer is a legally binding agreement to purchase a property that contains no conditions. Once accepted, it commits both the buyer and the. more

Foreclosure

Foreclosure is a legal process through which a lender takes ownership of a property when the borrower defaults on their mortgage payments.. more

Closing Costs

Closing costs are the various fees and expenses that buyers and sellers must pay to finalize a real estate transaction, separate from the property’s. more

Assignment Sale

An assignment sale occurs when the original buyer of a property (the assignor) sells their rights in the purchase agreement to a new buyer (the. more

More For You

Towering 70-Storey Development Proposed Near Eglinton Station
120 Eglinton Avenue East/CORE Architects, Ruth Reisman Ltd.

A 70-storey mixed-use development could be headed for Eglinton Avenue East, pending City staff's review of a Zoning Bylaw and Official Plan Amendment application. The development would replace an 11-storey office building with a largely residential tower offering over 550 condo units and around 2,000 sq. ft of retail space at grade.

A proposal was submitted by the owners of the development site, Ruth Reisman Ltd., in late April and it seeks to amend the site's current 'Commercial Residential'zoning to allow for the significant increase in building height alongside other factors like density and setbacks. For example, current zoning limits building height at 48 metres, while plans call for a 231-metre building.

Keep ReadingShow less
Is It A Buyers’ Market In Canada? Depends Where You Look
Shutterstock

Since November 2024, the national sales-to-new-listings ratio (SNLR) has been on a persistent tumble, making its way towards what would be considered buyers’ territory. According to the Canadian Real Estate Association (CREA), a ratio below 45% points to buyers’ territory, and so far this year, the metric has come in at 49.3% in January, 49.9% in February, 45.9% in March, and 46.8% in April. Last month’s slight rally is attributed to the fact that new supply edged down slightly (by 1.2%) on a monthly basis to 94,234 listings, while sales, at 44,300 units, saw little change.

CREA’s Senior Economist Shaun Cathcart explains that the SNLR tells us “what direction the market is moving”, but it’s not necessarily an indication of the reality right now.

Keep ReadingShow less
Mike McGahan is Executive Chair of InterRent REIT and President & CEO of CLV Group.

Mike McGahan is Executive Chair of InterRent REIT and President & CEO of CLV Group. / InterRent REIT

On Tuesday, Ottawa-based InterRent REIT (TSX: IIP.UN) announced that it had entered into an agreement to be acquired by Carriage Hill Properties Acquisition Corp, confirming rumours that have been swirling for several months that it was going to be sold.

Carriage Hill Properties Acquisition Corp is a new entity formed by CLV Group and GIC. InterRent REIT's Executive Chair is Mike McGahan, who is the President & CEO of CLV Group, which previously served as the property manager for the REIT until February 15, 2018. GIC is the Singaporean sovereign wealth fund that also has a joint venture with Dream Industrial REIT (TSX: DIR.UN).

Keep ReadingShow less
Canopy Towers Celebrates Community And Connectivity In Mississauga

Canopy Towers porte cochère rotunda (rendering)

As Mississauga continues to grow, Liberty Development’s Canopy Towers is making its mark on the burgeoning community — not only with its architecture, but through its role in shaping a more connected, transit-oriented urban future.

On Victoria Day, the developer hosted a community celebration on-site at Canopy Towers, welcoming partners, homebuyers, and special guests to mark several major project milestones.

Keep ReadingShow less
Toronto City Council Approves 7 High-Rise Proposals From Choice, Diamante, And More
Rendering of 1798-1812 Weston Road/BDP Quadrangle via Castlepoint Numa

Toronto City Council wrapped up its May session last week and, as with every month, several development applications were up for review. Of those, the lion’s share got the green light — albeit with varying degrees of amendments — which is perhaps a testament to the intensified emphasis on homebuilding in Toronto and its development review system that’s in the process of being streamlined by a newly-formed division.

As part of the Province’s broader goal of 1.5 million new homes by 2030, Toronto has the tall order of delivering 285,000 new homes over a 10-year course, but has only achieved 71,762 starts since 2022. Last year, Toronto fell short of its target of 23,750 starts, with just 18,422 units recorded.

Keep ReadingShow less
Stylish Mississauga Home Brings Classic Mid-Century Cool to Modern Family Living

Striking the perfect balance between refined and homey is a tall task, but one that this South Mississauga home pulls off with ease.

Located in the highly-sought after Applewood Acres — a mid-century suburb built, charmingly, over what was once a collection of apple orchards — 2121 Harvest Drive offers quiet, tree-lined streets and 5,000 sq. ft of stunning custom craftsmanship.

Keep ReadingShow less
Meet The Agent: Laura McBride, Sutton Group - Heritage Realty Inc.

Laura McBride

Welcome to Meet the Agent, an ongoing series profiling real estate agents from across Canada. With more than 150,000 agents, brokers, and salespeople working in 75 different boards and associations across the country, we thought it was about time they had a place to properly introduce themselves.

If you or someone you know deserves the same chance, email agents@storeys.com to apply.

Keep ReadingShow less