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.

May 22, 2025
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)
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

7211 Greenford Avenue in Burnaby. (Arcadis, OpenForm Properties)
The phasing and overview of the proposal for 7211 Greenford Avenue. (Arcadis, OpenForm Properties)
Renderings of the proposal for 7211 Greenford Avenue in Burnaby. (Arcadis, OpenForm Properties)
Renderings of the low-rise building planned for 7211 Greenford Avenue in Burnaby. (Arcadis, OpenForm Properties)







Yardi
Yardi
Canada residential unit sales by month, actual, 2019 and 2024-2026. Data through June 2026. Source:
Canada residential sales-to-new-listings ratio, actual, January 2025 to June 2026. Source:
Canada residential months of inventory, actual, January 2025 to June 2026. Source: Source:
Year-over-year change in residential average sale price for Canada, Ontario, British Columbia and Alberta, January 2022 to June 2026. Average price is shown here as a regional mix measure, not a substitute for HPI or local comparable sales. Source:
Year-over-year change in residential unit sales for Canada, Ontario, British Columbia and Alberta, January 2024 to June 2026. Source: 
15284-15296 Fleetwood Drive in Surrey. (Flat Architecture, 1098261 BC Ltd.)
Renderings of the tower proposed for 15284-15296 Fleetwood Drive in Surrey. (Flat Architecture, 1098261 BC Ltd.)





Goldberg Group 
10-storey apartment building currently occupying 525 Eglinton Avenue East/WND Associates
Rendering of 525 Eglinton Avenue East/Wallman Architects
The Mayfair West site and its surrounding context. (Grosvenor, Arcadis, Hariri Pontarini Architects)
Renderings of Mayfair West. (Grosvenor, Arcadis, Hariri Pontarini Architects)