Can I Assign My Contract of Purchase and Sale in British Columbia, and Is It Still Allowed?
This answer covers the law of British Columbia.
Whether you can assign your contract of purchase and sale in British Columbia depends first on what your contract says and on the rules in force when you try, and a lawyer should confirm both before you sign anything. This answer cannot tell you that assignment is simply allowed or banned in every case.
Tax is a separate question. Whoever ends up receiving title is the transferee, who must pay property transfer tax and file a return when applying to register. The general rates are 1% on the portion up to $200,000, 2% on the portion from $200,000 to $2,000,000 and 3% above that, with a further 2% on the residential value above $3,000,000. Exemptions such as the first-time home buyers' program and the newly built home exemption carry their own conditions, including citizenship or permanent residence and use as a principal residence.
Foreign buyers face further limits: federal law restricts non-Canadians from buying residential property in urban centres, with a $10,000 fine for contraventions. Because assignment terms and any disclosure duties turn on your contract and current rules, get advice from a lawyer before you agree to assign or take over a contract.
Key takeaways
- Whether you can assign depends on your contract's wording and the rules in force when you try, so confirm with a lawyer first.
- Whoever ends up receiving title must pay property transfer tax and file a return when applying to register.
- Property transfer tax exemptions carry their own conditions, including use of the home as a principal residence.
- Foreign nationals may owe an extra 20% tax in certain regions and face federal limits on buying residential property.