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Property Assignment - Lawwise Professional Corporation
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Property Assignment

Any legal sales transaction is an assignment where the assignor (original purchaser) of the property transfers their rights and obligations under the contract to the new assignee (purchaser). In simple terms, the new assignee pays a fee for purchasing the desired property.


The assignment is considered to take place from the original agreement of sale between the original purchaser and developer. The assignment happens before the property is completed.


The assignee assumes all the obligations and duties of the assignor. The original agreement of sale includes these duties and obligations such as included items, deposits, required disclosure statements, and completion date.


The assignee is granted title to the property once the property gets completed. All assignment fees are borne by the original purchaser and are charged by the developer.


The legal owner of the property is the developer till the transfer of title happens legally on completion of the property. For all assignment transactions, the developer needs to give written consent.


How Does It Work?


Before project completion, many investors end up selling their builder properties. The assignment is when the purchaser-investor’s interest in the builder agreement of purchase and sale is transferred to a new buyer or assignee.


Builder’s written consent is required before an assignment can take place by the purchaser-investor. Many builders can also withhold the assignment clause as per their agreement.


Whether you are moving into the property or purchasing a condo for investment, it is advisable to get the agreement reviewed by a real estate lawyer. You can understand your options and request an amendment to the agreement of purchase and sale to allow for future assignments.

How We Can Help

At Law Wise, our experienced Real Estate lawyers understand your specific circumstances and provide tailored and customized solutions for each of them. We ensure prompt communication and a professional approach to achieve successful outcomes for you.


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