What Is an Assignment Sale and How Does It Work in BC?

Assignment sales have become an increasingly common feature of BC's real estate market, including in Kamloops, particularly in new development projects. Understanding what an assignment is, what risks it carries, and what opportunities it may represent is useful for buyers and investors in this market.

An assignment occurs when the original buyer of a pre-sale property sells their right to purchase that property to a new buyer before the development completes. The original buyer transfers their contract with the developer to the new buyer. At completion, the new buyer steps into the original buyer's position and takes title directly from the developer.

For the original buyer, assignments allow them to profit from appreciation in the property value between when they signed the pre-sale contract and when the development completes, sometimes several years later, without having to complete the purchase themselves.

For the new buyer, assignments can offer access to a project that is otherwise sold out, sometimes at below-market pricing if the original buyer needs a quick exit. But they can also involve overpaying for a property that has appreciated beyond its current value relative to comparable resale options.

The risks in assignment purchases include: the assignment must be permitted under the original purchase contract, which is not always the case; GST may apply; the transaction is more complex legally than a standard purchase; and the new buyer assumes any risks associated with the underlying developer contract.

In BC, assignment sales must be disclosed and in some cases are subject to additional tax treatment. This is an area where working with an experienced agent and a real estate lawyer is essential. The Kamloops Home Team can help you evaluate assignment opportunities and navigate the additional complexity these transactions involve.

 

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Top Royal LePage Team in Kamloops - 2024 & 2025 | 24 years combined experience helping buyers and sellers in Kamloops BC and surrounding communities.

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