Is buying a condo through assignment better or worse than buying directly from the builder?
Both routes have distinct advantages and risks that depend on your situation and priorities.
Buying directly from the builder gives you a 10-day statutory rescission period (for condos), the ability to review the disclosure statement fresh, the ability to make upgrade selections, and the certainty of dealing with a single counterparty. You also know exactly what you are getting into at the beginning rather than inheriting a transaction mid-stream.
Buying through an assignment may allow you to purchase a unit in a sold-out project, sometimes at a price that reflects real-world appreciation since the original signing date. You may also get the benefit of a closer-to-completion building, reducing your waiting time and some of the builder-delay risk that the original buyer absorbed.
The downsides of an assignment include: no rescission right, inherited closing terms you had no hand in negotiating, more complex financing and tax implications, the need to review more documents, possible builder consent fees, and the risk that the assignor's representations about the unit or agreement may not be accurate.
Neither option is universally better. The right choice depends on pricing, timing, your risk tolerance, and the specific terms of the agreement. In all cases, involve a real estate lawyer and a tax professional before committing.
Key takeaways
- Direct purchase from a builder gives you a 10-day rescission right and fresh disclosure review
- Assignment may offer access to sold-out projects but comes with no rescission right and more complexity
- Assignment financing and tax implications are materially more complicated
- Compare all-in costs including assignment fee, HST, deposits owed, and adjustments before deciding