Assignment Of Contract Of Purchase And Sale In BC: What You Need To Know

by Richard Morrison
January 12, 2020
Buying
0

Assignment of Contract and Purchase and Sale BC

Navigating the real estate landscape can be tricky, particularly when it comes to understanding the complexities of assignments and contracts of purchase and sale in BC. With presale homes on a surge, many buyers are opting for “Assignment Of Contract,” a potentially profitable strategy where rights and obligations shift from one buyer to another before closing.

This article will delve into every aspect – benefits, restrictions, tax implications, risk assessment – empowering you with essential knowledge that could optimize your real estate ventures.

Ready to unlock the secrets? Let’s dive in!

Table of Contents show

Key Takeaways

Assignment of contract in real estate refers to the transfer of a buyer’s rights and obligations under an Agreement of Purchase and Sale to another buyer before closing on the property, offering flexibility and potential profits.
Assignments are legal transactions in British Columbia but may require developer approval depending on contractual stipulations. Shadow flipping, however, has seen restrictions put forth to maintain market integrity.
The advantages of assignments include potential profits for the current buyer, avoidance of additional expenses like builder’s closing costs and property transfer tax, and flexibility for buyers who want to switch their focus without losing their initial investment.
Potential restrictions when selling assignments can include specific terms from developers requiring approval or marketing limitations. Associated fees with an assignment can include assignment fees, legal fees, builder’s consent fee, GST/HST payments to original builders or first purchasers.

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Understanding Assignment of Contract and Purchase and Sale BC

An assignment of contract in real estate refers to the transfer of a buyer’s rights and obligations of the Agreement of Purchase and Sale to another buyer before closing on the property.

What is an assignment?

An assignment, in the spectrum of real estate, refers to the transfer or handing over of rights and obligations under an Agreement of Purchase and Sale from one buyer (the assignor) to another prospective buyer (the assignee) before the finalization or closing on a property.

This process offers flexibility as it allows for the transactional roles in a contract to be reassigned. Notably, assignments are more commonly observed when dealing with presale homes that have extended closure periods, spanning up to five years.

While resale properties also encounter assignments, they remain less frequent compared to their presale counterparts due mainly to specific conditions outlined within their Contract of Purchase and Sale.

Why do assignments occur?

Assignments typically transpire in real estate transactions when a buyer decides to transfer their rights and obligations under the Contract of Purchase and Sale BC to another party.

This phenomenon is particularly prevalent within the realm of presale condos in regions such as Lower Mainland, where closing periods can span several years. The process becomes advantageous when market value increases significantly before the completion of the property, empowering the current buyer or assignor to delegate it for resale profits.

The reasons behind assignments are diverse and often hinge on shifts in financial or personal situations. For instance, a sudden onset of financial difficulties might compel a buyer to assign their contract rather than face default and potential legal consequences.

Alternatively, this strategy can also prove beneficial if the project encounters delays or if there’s an unexpected elevation in property appreciation rates. It’s important to note that while assignments are legal and governed by agreements like Agreement of Purchase and Sale, they may require developer’s approval depending upon contractual stipulations.

Are assignments legal?

Yes, assignments of contract are indeed legal transactions within the real estate realm. In British Columbia, especially in hotspots such as Vancouver and North Vancouver real estate markets, they represent an often-utilized strategy for both presale condos and resale homes.

The key lies in the details of the original Contract of Purchase and Sale BC. This essential document governs whether or not a property can be reassigned by the buyer (also known as “Assignor”) to another party (the “Assignee”).

Importantly though, it’s worth noting that while these types of contracts are generally assignable unless explicitly forbidden, shadow flipping – a practice where properties are repeatedly resold prior to occupancy – has seen restrictions put forth by Real Estate Council of BC to maintain market integrity.

So, while assigning is permissible by law, understanding its nuances requires expert guidance from reputed groups like Oakwyn Realty Ltd or experienced agents such as Anthony Riglietti PREC.

The Advantages of Assignments

The advantages of assignments include benefits for both the current buyer assigning the contract and the new buyer.

Benefits for the current buyer assigning the contract

The current buyer can transfer the rights and obligations of the contract to another buyer before closing on the property.
Assigning the contract allows the current buyer to potentially profit from any increase in the property’s value between the time of purchase and completion.
By assigning the contract, the current buyer can avoid paying builder’s closing costs, which can add significant expenses to the overall purchase.
Assigning the contract also allows the current buyer to avoid paying property transfer tax, saving them additional money during the transaction.
The current buyer may need to assign the contract due to changes in their financial or personal situation, allowing them to exit the agreement without penalties or repercussions.
Assigning a contract can be a convenient solution if a buyer is no longer interested in completing the purchase but does not want to lose their deposit.
Assignments provide flexibility for buyers who have discovered a more desirable property and want to switch their focus without losing out on their initial investment.

Benefits for the new buyer

Opportunity to purchase a property at a potentially lower price compared to other listings on the market.
Possibility of making finishing selections depending on when the assignment takes place.
Potential to put a lower down payment on the property by utilizing the deposits made by the original buyer.
Ability to avoid property transfer tax if the original purchase agreement is under $750,000.
Opportunity to purchase a property with potential appreciation in value before completion.
Access to pre – built or presale homes that may not be available through traditional resale listings.
Avoidance of carrying costs associated with listing and selling agent a completed property.
Potential eligibility for GST/HST new housing rebate and provincial new housing rebate as an individual buyer, if meeting the eligibility conditions.

Potential Restrictions and Fees

4. Potential Restrictions and Fees.

– Selling assignments may come with certain restrictions, depending on the terms of the original contract or developer’s approval.

– There might be associated fees when selling an assignment, such as legal fees or Realtor commissions.

Restrictions when selling assignments

When selling assignments, there can be various restrictions that buyers need to be aware of. Developers often have specific terms and conditions regarding the assignment process, which may require their approval before the assignment can proceed.

Additionally, there might be marketing restrictions in place, limiting how the assignment can be advertised and even restricting it from being listed on the Multiple Listing Service (MLS).

Some developers also impose sales restrictions, such as limiting the number of units that can be assigned at a given time. These restrictions are put in place to ensure control over their development projects and to maintain market stability.

Associated fees with an assignment

Assigning a real estate contract in BC comes with associated fees that both the original buyer (assignor) and the new buyer (assignee) have to consider.

Fees	Description
Assignment Fee	This fee is usually negotiated between the assignor and assignee. It could be a flat fee or a percentage of the profit made from the assignment.
Legal Fees	Both parties may need to hire lawyers to help with the assignment process. Each party pays for their legal advice and services.
Builder’s Consent Fee	In some cases, a builder’s consent fee may be required. This fee is imposed by the builder or developer to approve the assignment.
GST/HST to the Original Builder	The assignee has to pay GST/HST to the original builder as part of the purchase price of a new house.
GST/HST to the First Purchaser	When a purchase and sale agreement for a new house is assigned, the assignee may also have to pay GST/HST to the first purchaser.

Remember, the fees associated with an assignment of contract can vary. Always seek professional advice to understand the potential costs involved in real estate contract assignments.

Tax Implications and Risks of Assignments

Assignments of contracts can have tax implications and associated risks. The assignor may need to consider potential tax obligations arising from the assignment, such as income tax or Goods and Services Tax (GST).

Additionally, there are risks involved in assignments, including market value fluctuations and potential financial difficulties for the assignee if they are unable to complete the purchase.

It is crucial for parties involved in an assignment to assess these factors before proceeding.

Potential tax implications

Potential tax implications can arise when dealing with assignments of contracts and purchase and sale agreements in British Columbia. It’s important for both the assignor (current buyer) and the assignee (new buyer) to understand these implications before proceeding with an assignment.

One consideration is the eligibility for a GST/HST new housing rebate or provincial new housing rebate. If the original purchase was not subject to GST/HST, the assignor may be ineligible for a rebate.

However, if the assignee meets certain conditions, they may still be eligible for these rebates. Another factor is that both the original builder and first purchaser may charge GST/HST to the assignee, potentially impacting their overall costs.

Risks involved in assignments

There are several risks involved in assignments of contracts, particularly when it comes to real estate. One significant risk is the potential for tax implications. Any profit made from an assignment is subject to income tax, which can significantly impact the overall financial outcome of the transaction.

It’s crucial for both assignors and assignees to carefully consider these tax implications and consult with experts to ensure compliance with relevant regulations.

Another risk is associated with market value fluctuations. Assignors may face challenges if the market value of the property declines between the original purchase agreement and the assignment sale.

This could result in a lower selling price or even financial losses for the assignor. On the other hand, assignees need to be cautious about purchasing assignments in a declining market as they may not experience property appreciation or may struggle financially if their circumstances change.

Navigating through these risks requires careful evaluation of one’s financial and personal situation, as well as seeking advice from experienced agents or professionals who specialize in real estate transactions involving assignments of contracts.

The Process of Selling an Assignment of Contract

To sell an assignment of contract, the current buyer (assignor) must find a new buyer (assignee) interested in taking over the contract. The assignor and assignee will negotiate the terms of the assignment agreement, including any associated fees or considerations.

Once both parties agree, they will formalize the assignment by signing an Assignment Agreement, which transfers rights and obligations to the assignee. The original contract’s provisions and any restrictions on assignments must be followed throughout this process.

How to sell an assignment of contract

Selling an assignment of contract can be a great opportunity to benefit from the appreciation of a property without actually completing the purchase. Here is a step-by-step guide on how to sell an assignment of contract:

Find potential buyers: Begin by marketing the assignment to potential buyers who may be interested in taking over the contract. This can be done through various channels such as real estate websites, social media, or contacting local real estate agents.
Determine the assignment fee: Calculate an appropriate assignment fee that reflects the value of the property and any additional costs incurred during the process. Consider factors such as market value, developer’s terms and conditions, and any potential fees or taxes that may arise.
Consult with a realtor: Seek advice from an experienced real estate agent who specializes in assignments. They can provide guidance on setting the right price, navigating legal requirements, and connecting with interested buyers.
Prequalify potential buyers: Before finalizing a deal, ensure that potential buyers are financially capable of taking over the contract. Conduct buyer consultations to assess their suitability and commitment to completing the purchase.
Negotiate terms: Once you have identified interested parties, negotiate the terms and conditions of the assignment agreement. This includes details such as closing dates, deposit amounts, and any special considerations that need to be addressed.
Draft an assignment agreement: Prepare a legally binding agreement that outlines all relevant details of the assignment transaction. Include information about parties involved (assignor and assignee), property address, purchase price, closing date, and any additional terms agreed upon.
Obtain necessary approvals: If required by the original contract or developer/seller’s approval is needed for assignments, make sure to obtain these approvals before proceeding further with the sale.
Complete documentation: Ensure all necessary paperwork is completed accurately and submitted in a timely manner. This may include disclosure statements, consent forms from relevant parties (e.g., builder or developer), and any other documents required by local regulations.
Transfer the contract: Once all documentation is in order, transfer the rights and obligations of the original contract to the new buyer through an assignment agreement. This legally transfers ownership from the assignor to the assignee.
Close the sale: Finally, coordinate with all parties involved, including lawyers, real estate agents, and any relevant authorities to ensure a smooth closing of the assignment sale. Make sure that all necessary funds are transferred, and legal obligations are met.

Why buy an assignment?

Buying an assignment can be a smart move for several reasons. First, buyers may get a better price compared to other properties on the market, especially if the original purchase agreement was secured at a lower price.

Additionally, purchasing an assignment allows buyers to potentially avoid paying property transfer tax if the original agreement is under $750,000. Moreover, buying an assignment gives buyers the opportunity to acquire a property that has already appreciated in value before completion, allowing them to benefit from potential future appreciation.

It’s also worth noting that assignments offer more flexibility and shorter closing periods compared to presale homes. So for those looking for quicker access to their new home or investment property without having to wait for completion, buying an assignment can be advantageous.

FAQs:

1. What is a contract of purchase and sale?

A contract of purchase and sale is a legal agreement between a buyer and a seller outlining the terms and conditions of a property sale.

2. What is an assignment of contract?

An assignment of contract refers to the act of transferring one’s rights and obligations under a contract to another party.

3. What is an assignee?

An assignee is a party to whom the rights and obligations of a contract are assigned or transferred.

4. How does the assignment of a contract of purchase and sale work in British Columbia?

In British Columbia, the assignment of a contract of purchase and sale allows the original buyer (assignor) to transfer their interest in the property to a new buyer (assignee) before the completion date.

5. What is a purchase price?

A purchase price refers to the amount of money agreed upon by the buyer and seller for the purchase of the property.

6. What is a stratum?

A stratum refers to a specific level or portion of a multi-level condominium building.

7. Are there any specific regulations regarding assignment of pre-sale contracts?

Yes, the British Columbia Real Estate Association (BCREA) and the Real Estate Council of BC have specific regulations and guidelines regarding the assignment of pre-sale contracts in BC.

8. Should I seek legal advice before assigning a contract of purchase and sale?

It is highly recommended to seek legal advice before proceeding with the assignment of a contract of purchase and sale to ensure you understand your rights and obligations.

9. What is shadow flipping?

Shadow flipping refers to the practice of assigning a contract multiple times with increasing prices before the completion date, often resulting in significant profit for the assignor.

10. What are the rights and obligations of the assignor and assignee in an assignment of contract of purchase and sale?

The rights and obligations of the assignor and assignee may vary based on the terms and conditions agreed upon in the assignment agreement. It is important to clearly define these rights and obligations in the contract.

Conclusion

In conclusion, understanding the process and benefits of assignment of contract and purchase and sale in BC is crucial for anyone involved in real estate transactions. Assignments offer advantages to both the current buyer and the new buyer, but they also come with potential restrictions, fees, tax implications, and risks.

Sources:
https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/gi-120/assignment-a-purchase-sale-agreement-a-new-house-condominium-unit.html

Ready to turn your real estate dreams into reality? Contact Richard Morrison, Vancouver’s top realtor with 20+ years of experience. As a Medallion Club member and RE/MAX Hall of Fame award winning agent, he’s the expert you need on your side. Whether buying, selling, or investing, Richard’s personalized approach and deep market insights ensure a successful transaction. Reach out to Richard today at (778) 900-2235 and make your real estate journey seamless and rewarding.

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