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Assignment Specialists in Ontario

Ontario’s Largest Assignment Wholesaler And Experience With Over 200+ Units

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Why Assignment Pros

Condo Assignment Specialists

This is all we do, we have a complete understanding of assignment transactions and as subject matter specialists we specialize in the acquisition and sale of assignment properties in Ontario.

Extensive Assignment Network

Our exclusive and proven marketing system means we have access to the largest network of assignment sales in Ontario, enabling us to sell your unit for highest value and helping connect buyers to their preferred unit.

Turn-Key Service

Our team is complete with assignment lawyers and accountants to ensure you can make an informed decision and have the required expertise throughout the transaction.

What Does “Assignment” Mean in Real Estate?

An assignment refers to a sales transaction where the original buyer (the assignor) of the property enables a new buyer (the assignee) to assume the buyer’s rights and duties under the Purchase and Sale Agreement (APS) before the original buyer closes the property. 

The assignee will be the one to complete the deal with the seller. Overall, it’s vital to have an experienced and certified assignment specialist assist you when buying or selling an assignment property in Ontario. Our team from Assignment Pros can provide a smooth and successful experience for both assignees and assignors.

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Get an Accurate Assignment Market Update

During our initial consultation, we will provide an accurate analysis of similar units sold in both assignment markets and resale markets and explore the pros and cons of the unit you intend to acquire.

Benefits of Having Assignment Pros Assist You 

We Can Provide Increased Visibility and Traffic to Your Assignment Property

It can be challenging to find buyers for an assignment property. We can help you fast-track your assignment sale by enabling you to utilize our extensive network and

No Need to Worry About All the Legal Paperwork

When you work with us, we will handle all of the time-consuming and colossal legal paperwork for you. We are well-versed when it comes to collecting and submitting all the necessary legal documentation for an assignment sale.

We Can Find the Best Deals for You

We have access to a wide range of assignment properties, including assignment properties that may not be available on other listings. Through our extensive database and our comprehensive network, we ensure that we can find the ideal assignment property for you.

We’ll Assist You From Beginning to Closing

Whether you are an assignor or an assignee, we will thoroughly assist you throughout the entire assignment sales process.

Important Factors to Consider When Purchasing or Selling Assignment Properties

Although selling and buying assignment properties is legal in Ontario, there are important technical restrictions and requirements that govern the purchase and sale of pre-construction assignments.

Developer Restrictions

Restrictions pertaining to the number of assignments permitted by law per project and assignment fee. Assignment Pros understand all restrictions and regulations of assignments in Ontario.

Condo Registration

If the assignment property is a condominium, it must be registered with the condominium corporation, and the assignee must meet the same requirements expected from the original buyer.

Tax Implications

Condo assignments may be subject to additional taxes such as capital gains taxes and land transfe r taxes. Our assignment lawyers and accountants help clients close deals with a peace of mind.

Retrieving Disclosure Statement

Before an assignment sale in Ontario is approved and legalized, developers must provide assignors with a full disclosure statement outlining all the necessary terms and conditions of the sale.

Finding the Best Financing Options

Finding financing for Ontario condo assignments may be more challenging as some lenders require a higher down payment or charge a higher interest rate. Assignment Pros can help.

CONTACT OUR ASSIGNMENT EXPERTS NOW

Difference Between Resale and Assignment

Resale properties.

• The property is registered in the land registry system in Ontario.
• You can physically view the property
• Requires a mortgage
• Closing date is 60-90 days
• Potential for growth is lower compared to assignment properties

Assignment Properties

• The property is not yet registered and will only be registered to the land registry system once construction is finished.
• You can’t physically view the property until construction is finished.
• Does not require a mortgage but requires at least a 25% down payment.
• Closing date can vary from months to years

Our Condo Assignment Services

Excellent Marketing

It can be challenging to market an assignment property due to its niche nature. We will ensure that your assignment property will attain maximum exposure using our proprietary marketing system. We will leverage our exclusive channel to fast-track your property sale.

Access to our Database

To secure the best deals, access to new listings is vital. Through our extensive database and comprehensive networks, we can provide assignees with an exhaustive list of properties to choose from. We will also regularly alert you for new listings added to our database.

Market Analysis

Market analysis is crucial in ensuring that sellers and buyers get a fair offer for their assignment property. Assignment Pros can perform in-depth market analysis and provide deep insight into current supply and demand dynamics to help you determine the accurate value of your property. 

Hear What Our Clients Say About Us

Their team was outstanding!! We are very lucky to have had the opportunity to work with Taz & Labeed . They are not only genuine, but take much pride in all aspects of their work and makes sure things run smoothly. From day they have been very helpful and always looked out for our best interest in finding us our Assignment property. Thank you so much, you guys are truly gems!!!

I had Purchased a precon a few years ago and unfortunately could not close on the unit. I had never done an assignment sale before so was a little bit nervous as I had heard they can be complex. The guys at Assignment Pros were awesome and easy to talk to when I reached out to them. They went over the entire process from start to finish and provided honest and transparent advise. Long story short we were able to sell my unit and I couldn’t be happier and more importantly a stress off my shoulders

Labeed is very knowledgeable and professional and knows what he is doing, he guided me through each step and made sure that all my questions were answered. Thanks to him I was able to buy a brand new condo downtown on Assignment under market value!

These guys have been by far the best to work with in the industry! I’ve been in the market for some time and worked with many agents but my experience with them has been outstanding. They went above and beyond exceeding my expectations on my first Assignment Sale. Their extensive knowledge and experience in the market as Top real estate agents made the whole process very smooth. I am very satisfied and comfortable working with Taz and the team. I highly recommend them to everyone looking to sell or buy an assignment.

Toronto’s Largest Assignment Property Wholesalers

Assignment Pros is Toronto’s largest assignment property wholesalers.  We provide reliable, honest and expert guidance no matter your price range.

An assignment sale condo is a sale of a contract stating the purchase of a pre-construction condominium unit.

Selling a condo assignment is a complex process that involves finding a buyer, obtaining consent from the developer, accurately determining the value of the property and more. 

When selling a condo assignment, it’s best to seek assistance from the assignment experts at Assignment Pros, we will assist you throughout the process and expedite the process.

Buying an assignment condo entails thorough research, finding financing options, and negotiation, which can be overwhelming, especially to inexperienced buyers. 

If you’re considering purchasing an assignment property, let the assignment experts from Assignment Pros help you. We will deal with all the hefty paperwork and help with negotiations. We can assist you from establishing your initial budget to closing the deal.

Yes, assignments are generally legal in Ontario. However, there may be a few restrictions when it comes to buying and selling assignment properties depending on the specific terms of purchase agreements and the developer or builder’s policies. 

The mandatory disclosure of the assignment and restrictions on the assignment fee is currently implemented by the Ontario government to protect both the assignor and assignee. 

It’s vital to thoroughly review the purchase agreement and seek assistance from experienced assignment professionals before buying or selling an assignment property.

Talk to Our Assignment Property Experts Today

Contact us now and talk to one of our Ontario condo assignment experts today to discuss your assignment property acquisition or property assignment sale.

Major Cities Served:

We provide assignment sales services in the following cities:

• Toronto & GTA
• Mississauga

*E.&O.E. Terms and Conditions Apply – All information herein was gathered from sources both professional and lay deemed to be reliable. Assignment Pros and its representatives make no representation as to its accuracy and will not be held responsible for any discrepancies. Prospective purchasers are advised to verify all information herein. All renderings, pricing, incentives and other information are subject to change without notice.

Not intended to solicit buyers or sellers currently under contract with another brokerage.

• Selling Assignments
• Buying Assignments
• Condo Assignment
• 647-567-9162
• 600 Matheson Boulevard West Unit 5, Mississauga, ON, L5R4C1

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Strategic Advocacy for Property Disputes – Real Estate, Land-Based and High Value Personal Property Litigation Lawyers

Toronto condominium disputes and litigation lawyers residential condo disputes commercial condo disputes industrial condo disputes, condominium fraud claims | condo fraud loss toronto condo litigation lawyers | ontario condo disputes condominium developer disputes | condo lease disputes bringing and defending claims for breach of assignment agreement refusal to close pre-construction sale of condos, serving all of ontario & elsewhere in canada from our toronto offices, there is continuing intense activity in the toronto area in condominium development, pre-construction sales and purchases of condominium units. this development includes not only traditional residential condominiums, but new business models, including as retail condos and hotel condos., common condo issues.

The development, construction, sale and operation of condominiums are a complex area, and disputes can arise in respect of a wide variety of areas, and at every stage of the condominium process, from construction delays, to claims of misrepresentation to purchasers, to ongoing management and operational issues.

Condominium Practice Clients

We can act for the following stakeholders in relation to condominiums:

• Condominium Managers
• Contractors – General Contractors and Sub-Trades
• Commercial Condominium
• Industrial Condominium
• Land, Construction and Mezzanine Lenders
• Lenders and Investors
• Mortgage Brokers
• Multi-Plaintiff Claimants
• Post-Construction Sellers and Purchasers
• Pre-Construction Assignors and Assignees
• Pre-Construction Purchasers
• Real Estate Agents and Brokers

Condo Claims, Disputes and Litigation

Condo disputes may concern issues such as:

• Assignment of Agreement of Purchase and Sale – Re-Selling
• Building management and employee issues

Condo Construction Disputes

• Condo Management Agreement Disputes
• Condominium board disputes
• Condominium by-law and regulatory disputes
• Condominium fraud claims
• Contract disputes regarding construction, development, and financing
• Disputes between owners and tenants
• Disputes with associated retail units and service providers
• Failure to Close Pre-Construction Sale of Condo
• Failure to Close Sale of Condo
• Financing Disputes
• Injunctions and other urgent remedies – Certificate of Pending Litigation (CPL)
• Maintenance and repair issues
• Misrepresentations and warranties by construction companies to developers
• Misrepresentations and warranties by developers to purchasers
• Pre-construction and post-construction purchases
• Property and liability insurance issues
• Refusal to Close Pre-Construction Sale of Condo
• Refusal to Close Sale of Condo

Why Gilbertson Davis?

Gilbertson Davis LLP has lawyers who have experience in real estate and property disputes, with a focus on condominium claims, disputes and litigation. Our lawyers can act on behalf of developers, management companies, condominium boards, owners, and tenants, and our team of professionals can advise them on any condominium-related issue. Gilbertson Davis LLP can serve your needs with lawyers who have experience in the resolution of complex, multi-party disputes and urgent equitable remedies.

If you have an issue relating to a condominium, please contact us for an initial consultation.

I agree the Terms of Use on the Contact page

Thank you for your interest in Gilbertson Davis LLP. Please note that we do not offer contingency retainers. In addition, we do not offer retainers in any cases where the amount in dispute is less than $50,000.

Related Practice Index

Construction Equipment & Machinery

Construction Litigation

Construction Fraud

Financial Services Litigation

Mortgage Broker Litigation

Project Development Litigation

Project Finance Litigation Option to Purchase Option to Buy

Rent to Own Real Estate Fraud Mortgage Fraud

Property Investment Fraud

Real Estate Fraud Real Estate Litigation Claims Against Brokers and Agents

Commercial Leasing

Condo Litigation

Cottage and Recreational Property

Mortgage Broker Commission

Mortgage Enforcement

Mortgage Litigation

Office Lease Litigation

Real Estate Agent and Broker Claims

Real Estate Broker Commission

Real Estate and Property Disputes

Shopping Mall Lease Litigation

REIT Litigation Urgent Remedies Certificates of Pending Litigation

Our Lawyers

John l. davis.

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Sabrina Saltmarsh

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David Alderson

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Nick P. Poon

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Recent Publications

A promise made is a promise kept: ontario superior court grants permanent injunction to enforce provisions of long-term supply and lease agreement, sabrina saltmarsh presents as part of panel on fraud in real property transactions, can’t get financing on time you may lose your deposit – toronto real estate lawyers, failure to close a real estate transaction can be very costly.

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Assignment Sales and HST

An assignment sale is a type of real estate transaction that occurs when a buyer of a pre- construction home or condo decides to sell their rights to purchase the property to another buyer before the construction of the building is complete. This type of sale transfers the purchase agreement from the original buyer to the new buyer (known as the “assignee”)

As of May 2022, the government introduced a new rule requiring HST (Harmonized Sales Tax) to be paid on all assignment sales of single-unit residential or condo properties that are newly constructed or renovated. This means that the assignee must pay HST on the difference between the original purchase price and the resale price.

For example, if a pre-construction home was originally purchased for $500,000 and then sold as an assignment sale for $600,000, the assignee must pay $13,000 in HST (calculated as 13% of $100,000, which is the difference between the original purchase price and the resale price).

It is the responsibility of the lawyers involved in the transaction to make sure that the HST portion is remitted correctly, taking into account various factors such as the date of the assignment and the completion date of the building.

Despite the introduction of HST, an assignment sale still continues to have many benefits, such as being a more convenient way for original buyers to sell their rights to the property without having to go through hurdles of selling a fully completed property.

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Real Estate Lawyer Toronto

Cost-effective solutions for individual & small business success, serving the greater toronto area and the rest of ontario, business lawyer, real estate lawyer.

• Wills & Estates
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Real Estate Lawyer in Toronto

Real estate lawyer in Toronto ready to assist with your transactions. From reviewing purchase and sale agreements to conducting title searches and working with financial institutions for a timely and smooth closing, we assist our clients every step of the real estate legal transaction.

We provide representation and consultation in real estate areas including:

• Residential property
• Commercial property
• Recreational property
• Rural property
• Investment property
• Mortgage, financing and refinancing

HOW IT WORKS

Real Estate Law: Our Process

Real estate transactions are often the most significant deals a person will be involved in during their lifetime. We recognize real estate transactions involve different types of properties, their unique considerations and guide our clients through the complexities.

Our real estate lawyer is involved directly from the beginning to ensure potential issues are dealt with before they transform into a problem. We value long-lasting client relationships by maintaining regular communication and providing updates, guaranteeing that each client receives individualized attention.

Real estate lawyer at Insight Law Professional Corporation is conveniently located in midtown Toronto, minutes from the Eglinton-Yonge station.

• Competitive & Fixed Legal Fees
• Quick Timelines and Fast Closings
• Remote Signing Available
• Available Weekends and Afterhours
• Client Satisfaction: Personalized Approach

REAL ESTATE LAW SERVICES

Real Estate Legal Services

Purchasing real estate in toronto.

Real estate lawyers play an essential role early on when purchasing real estate in Toronto. Purchasing real estate in Toronto can be complex and challenging, but with the right team, it can also be a rewarding and enjoyable experience. Working with experienced professionals ensures your purchase goes smoothly and your interests are protected at every step.

Real estate lawyer should be contacted as soon as the purchase and sale agreement for the new home is signed.

At Insight Law Professional Corporation, our real estate lawyer will conduct a title search, secure your title insurance, complete the registration under your name, prepare your Statement of Adjustments, and handle the financial aspects of the transaction on closing day. After the transaction is finalized, the real estate lawyer will provide you with the lockbox code to access your new home. With the expertise of a skilled real estate lawyer, your home purchase in Toronto can be smooth and stress-free.

Selling Real Estate in Toronto

Real estate lawyers play a key role when selling real estate in Toronto, a process that involves complex legal requirements to ensure a successful and legally compliant transaction. As a seller, understanding your legal obligations and working with a knowledgeable Toronto real estate lawyer are crucial to protecting your rights and interests.

Selling real estate in Toronto is a complex and legally binding process. By engaging a qualified Toronto real estate lawyer, you can ensure that legal requirements are met and your rights and interests are safeguarded throughout the transaction.

Mortgage Transactions (Refinance)

Real estate lawyers can assist with mortgage refinancing. Refinancing your home can be a wise financial move, allowing you to access the equity in your property and potentially lower your monthly mortgage payments. However, the process of refinancing can be complex, and it’s essential to work with a Toronto real estate lawyer to protect your interests.

By reviewing mortgage documents, conducting title searches, coordinating with the lender, ensuring compliance with regulations, and providing legal advice, your lawyer can help you navigate the refinancing process.

Transfer of Ownership / Title

Transferring title ownership involves adding or removing a person from the ownership or title of a property, and this process is typically carried out by lawyers.

Aside from the typical reasons related to buying or selling a property, individuals may have various other motives for transferring partial or full ownership of a property. Some common causes for a title transfer include divorce or separation, fulfilling mortgage or refinancing obligations, transfers between trustees and nominees, and survivorship applications to acquire sole ownership of a property after the passing of a spouse or partner.

If you need a Toronto Real Estate lawyer for such transaction, give us a Call !

Assignment of Property

An Assignment refers to a transaction in which the original purchaser of a property (the Assignor), grants another buyer (the Assignee) the right to take over their Agreement of Purchase & Sale before the original buyer completes the transaction.

This type of transaction is mostly seen in pre-built homes and condominiums, where the Assignee will eventually finalize the transaction with the seller (the builder). Until the transaction is completed by the Assignee, the Assignor remains responsible under the Agreement of Purchase & Sale. The Assignor must obtain written approval from the seller to assign the property, and if approved, there may be a fee involved, and specific conditions must be met.

If you need assistance from a Toronto Real Estate Lawyer for an assignment of property,  Contact Us !

Survivorship Application in Toronto

A Survivorship Application in Toronto is a legal procedure used when one owner of a property held in joint tenancy passes away. In such instances, the property is automatically passed to the surviving joint tenant(s) without going through probate or being included in the deceased’s estate for distribution. This process is based on the principle of the “right of survivorship”, a feature of joint tenancy ownership.

The application is a document submitted to the Ontario Land Registry Office that allows the deceased individual’s name to be removed from the property title, effectively transferring full ownership to the surviving joint tenant(s). The application must be accompanied by a copy of the death certificate and any other required documents to prove the death of the joint tenant.

Condo Status Certificate Review

Our lawyer can conduct a status certificate review in Toronto at reasonable rates for condominium units to mitigate unwanted issues or delays. This certificate outlines crucial information, including the corporation’s budget, common expenses, ongoing legal matters, insurance status, imminent significant repairs or maintenance concerns, and the reserve fund. The reserve fund is to be used in the event of major expenses relating to common areas of the condominium such as renovations, or repairs to parking structures or balconies may draw from this fund. Inadequacies in the reserve fund might lead to substantial expenses and higher fees.

During the review of a status certificate, the lawyer will identify potential red flags that might lead to substantial future hikes in common expenses or other unwelcome surprises.

Property Title Review

The title to a property acts as a legal document that lays out the ownership rights of that property. Conducting a thorough title review is crucial to reveal any possible issues that could affect the property’s ownership, value, and marketability. This process involves examining historical records, documents, and public records related to a property to determine its ownership history, legal status, and any potential issues that may exist.

Commercial Property Purchase & Sale

Whether you are looking to buy or sell commercial property in Toronto, our law firm can assist you with these transactions.  We strive to make the process seamless for our clients. We will work closely with you to ensure that you understand the legal implications of your transaction, and we will help you identify any potential risks or issues that may arise.

Whether you’re a first-time buyer or an experienced investor, our team is here to assist you every step of the way. From conducting due diligence and drafting contracts to negotiating terms and closing the deal, we will be with you throughout the process to ensure your successful and efficient transaction.

Real Estate Lawyer Simplified Process

Calculate quote.

Fill out our form below and we will contact you to provide a detailed estimate for buying, selling, mortgage or title transfer transaction.

Collect Your Documents

Forward us a copy of your agreement and connect us with your real estate agent & mortgage broker for us to begin the transaction.

Document Execution

GET ANSWERS

Real Estate Law Frequently Asked Questions

When to contact a real estate lawyer.

Buyers and sellers will want to contact a real estate lawyer as soon as an Offer to Purchase is signed. Conveyance of a property can be complex and time-consuming – real estate lawyers have the experience and expertise to make sure the process is smooth and headache-free. Your Lawyer can explain the terms in plain language the steps you will need to take and help you guide throughout the process.

What services do real estate lawyers provide?

Real estate lawyers provide a wide range of services, including drafting and reviewing contracts, negotiating deals, conducting due diligence, advising on zoning and land use regulations, handling title searches, and order title insurance.

When do I need to hire a real estate lawyer?

Whenever you are involved in a real estate transaction, whether you are buying, selling, leasing, or managing property, you should consider hiring or consulting a lawyer.

What is a title search?

A title search is a process of examining public records to determine the legal ownership of a property and to identify any liens, mortgages, or other encumbrances on the property.

What is title insurance?

Title insurance is an insurance policy that protects the buyer and lender from losses that may occur due to defects in the title, such as undisclosed liens, boundary disputes, or errors in public records.

What does “disbursements” mean?

Disbursements refer to the various expenses incurred during a real estate transaction. These expenses can include things like land transfer taxes, title searches, title insurance, appraisal fees, tax certificates, software and office charges, and any other costs that are associated with the transfer of ownership from one party to another.

What Happens If I have a signed Agreement of Purchase and Sale but find a better property?

The Agreement of Sale and Purchase is a legally binding document that can be enforced in court. Therefore, it is not advisable to sign a second agreement without the seller's consent to release you from the first agreement, or without being willing and able to purchase both properties.

Can I get my deposit back If I change my mind?

While it is possible to back out of a real estate deal, there are potential consequences. In cases where the seller incurs expenses such as mortgage holding costs or legal fees, or is unable to quickly resell the property, there is a likelihood that you may lose some or all of your deposit. Furthermore, if your offer was considerably higher than the new buyer's, the other party may choose to pursue legal action against you.

What is the Land Transfer Tax?

Purchasing land entails paying taxes to the Province of Ontario, determined by the land's assessed value. If you are a first-time homebuyer, you may qualify for a partial land transfer tax refund.

Please refer to the Government of Ontario website for calculating the Ontario Land Transfer Tax:

https://www.ontario.ca/document/land-transfer-tax/calculating-land-transfer-tax

If the property is located in Toronto then an additional Toronto Municipal Land Transfer Tax will also apply:

https://www.toronto.ca/services-payments/property-taxes-utilities/municipal-land-transfer-tax-mltt/mllt-calculator/

How much does it cost to hire a real estate lawyer?

The cost of hiring a real estate lawyer varies depending on the nature of the work, the type of the real estate transaction, the complexity of the transaction, and the experience of the lawyer. Some lawyers charge on an hourly basis, while others charge a flat fee.

Can I use a real estate agent instead of a real estate lawyer?

Real estate agents can help you find a property that suits your needs and provide valuable assistance in buying or selling a property, but they are not licensed to provide legal advice. It is important to hire a real estate lawyer to ensure that your legal interests are protected.

What is the Agreement of Purchase and Sale?

An agreement of purchase and sale is a legally binding agreement between a buyer and seller that outlines the terms and conditions of a real estate transaction, including the purchase price, financing terms, and contingencies. It defines the rights and obligations of both sides regarding the subject real estate transaction.

What is a contingency?

Typically, certain agreements of purchase and sale contain contingencies (or conditions) that must be met before a real estate transaction can be completed. Common contingencies include home inspections, financing approval, and appraisal.

What is an easement?

An easement is the legal right for one property owner to enter another’s without permission. An Easement runs with the land and binds all subsequent owners.

Can a real estate lawyer help with leasing commercial property?

Yes, a real estate lawyer can help with leasing commercial property by negotiating lease terms, reviewing contracts, and ensuring that the lease complies with applicable laws and regulations. Both landlords and tenants can hire their own real estate lawyers in order to obtain legal advice and other legal services regarding the lease.

What does a real estate lawyer do?​

Real Estate Lawyers handle the Conveyancing of the Property, which includes handling the paperwork that transfers the property title to your name, dealing with your mortgage financing, and coordinating paying the seller the purchase price. Real estate lawyers review the legal documents and issues related to a transaction, including the legal review of the Agreement of Purchase or Agreement of Sale.

Buying or selling a home in Toronto might be challenging since this may be the most important transaction in a lifetime. While making every effort to ensure the transaction is closed smoothly and on time, our lawyers will also assist you in understanding the details of your transaction and strive to be accessible to you throughout the process. We provide quality legal services in real estate law to individuals and businesses while protecting the best interest of our clients, even in the most complex matters.

NEWS & ARTICLES

Latest Real Estate Law Articles

Real Estate Title Transfer: Purpose & How It Works

Real Estate Agents: Definition, How It Works & Compensation

Assignment Sale in Ontario: Definition & How It Works

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We conviniently serve the following near by locations.

• Mississauga
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Insight Law Professional Corporation is a Law Firm situated in the heart of Midtown Toronto. We specialize in Real Estate Law, Business and Commercial Law, Wills & Estates, as well as offering Notary Public & Commissioner of Oaths services.

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Assignment of Agreement of Purchase and Sale of Property Lawyers

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Assignment agreements are one of the most essential documents that exist in real estate law. When dealing with the transfer of ownership of a property, assignment agreements can be used to transfer one’s (assignor’s) obligations under the original Agreement of Purchase and Sale to a new person (assignee). At De Krupe Law we strive to provide the most comprehensive and reliable legal advice to our clients. Contact us today and get your free appointment to solve a real estate problem, regardless of its complexity.

What is an Assignment of Agreement of Purchase and Sale of Property?

An assignment agreement  is a legal document that allows a party to transfer their rights and obligations under a contract to another party. In the context of real estate law, assignment agreements are typically used to transfer obligations to purchase or to sell a property from one party to another. The party transferring their ownership rights is known as the assignor, while the party receiving the rights is known as the assignee. The assignor usually does not need the other party’s consent to the assignment unless the consent is required in the original Agreement of Purchase and Sale.

Assignment agreements are often used when a property is sold before it is completed or when a buyer wishes to sell their interest in a property before taking possession. In these situations, an assignment agreement is used to transfer the Agreement of Purchase and Sale from the original buyer to the new buyer.i

What Are The Legal Implications Of an Assignment?

• The assignment should be written and signed;
• Assignee and Assignor should be represented by a lawyer to understand the implications of the assignment.
• All parties to the assignment should be notified.
• If a builder is involved, their consent is usually mandatory and should be obtained before the assignment is finalized.
• The original agreement of sale includes duties and obligations that should be assumed by the assignee, such as:
• Included items;
• Required disclosure statements;
• Completion date.

It should be noted that all assignment fees are borne by the original purchaser unless the Assignor and Assignee have contracted otherwise. These fees are charged by the developer. The developer stays the legal owner of the property until the transfer of title happens legally on completion of the property. It is obligatory, that the developer gives written consent for all assignment transactions.

How a Real Estate Lawyer Can Help with the Assignment of Agreement of Purchase and Sale of Property?

Drafting and reviewing assignment agreements.

Our real estate lawyers have extensive experience in drafting and reviewing Assignment Agreements. They can ensure that the agreement is fair and legally binding, and that it protects your interests.

Conducting Due Diligence

Before entering into an Assignment Agreement, it’s important to conduct due diligence to ensure that the property is in good standing and free of any liens or encumbrances. Our real estate lawyers can conduct a thorough review of the property’s title and history to ensure that there are no issues that could cause problems down the line.

Providing Legal Advice and Guidance

The Assignment of Agreement of Purchase and Sale of Property can be a complex process, and it’s important to have the right legal guidance and advice to ensure that everything is done correctly. Our real estate lawyers answer the calls directly to provide expert advice and guidance throughout the entire process, from drafting the agreement to finalizing the transfer of ownership.

Negotiating Terms and Conditions

Resolving disputes.

In some cases, disputes may arise during the  Assignment of Agreement of Purchase and Sale of Property process. Our real estate lawyers have the expertise and experience necessary to help our clients navigate these disputes and reach a resolution that is fair and legally binding.

Benefits of Working with a Real Estate Lawyer for Assignment of Agreement of Purchase and Sale of Property

Working with an  Assignment of Agreement of Purchase and Sale of Property real estate lawyer offers several benefits, including:

• Peace of mind knowing that the Assignment Agreement is fair and legally binding;
• Protection of your interests throughout the entire process;
• Expert guidance and advice to ensure that everything is done correctly;
• Thorough due diligence to ensure that the property is in good standing;
• Assistance with negotiations to reach an agreement that is acceptable to all parties involved;
• Resolution of disputes if they arise.

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How We Can Help

The Assignment of Agreement of Purchase and Sale of Property is a complex process that requires expert legal guidance and advice. At De Krupe Law, we offer comprehensive legal services to help our clients navigate this process. Our assignment of property lawyers have practical experience to help you regardless of your side, whether you are a seller or a buyer, the deal is commercial or not, contact us today to learn more about how we can help with your  Assignment of Agreement of Purchase and Sale of Property and other real estate needs.

Understanding Condo Assignments in Ontario: A Guide for Condo Assignment Lawyers

• March 25, 2023

As a condo assignment lawyer in Ontario, it’s important to understand the laws and regulations surrounding condo assignments. A condo assignment is the process of selling a pre-construction condo unit before the closing date to another buyer. In Ontario, there are specific laws and regulations that govern this process, and it’s important for lawyers to be well-versed in them in order to provide the best possible legal counsel to their clients.

The first thing to understand is that condo assignments are legal in Ontario, but they must be done in accordance with the Condominium Act and any other relevant laws or regulations. This means that both the original purchaser and the new purchaser must adhere to the terms of the original purchase agreement, as well as any additional terms that may be added during the assignment process.

One of the most important aspects of a condo assignment is the assignment agreement. This is a legal document that outlines the terms of the assignment, including the purchase price, the closing date, and any other terms that may be relevant. It’s important for both parties to have legal representation during the assignment process in order to ensure that the assignment agreement is fair and legally binding.

Another important aspect of condo assignments in Ontario is the role of the developer. In many cases, the developer may have certain restrictions or requirements when it comes to assignments, such as a maximum number of assignments allowed or a fee for completing an assignment. It’s important for lawyers to be familiar with the developer’s policies and to advise their clients accordingly.

When it comes to taxes and fees, there are also certain rules that apply to condo assignments in Ontario. For example, there may be land transfer taxes, development charges, or other fees that must be paid by the original purchaser, the new purchaser, or both. Lawyers should be familiar with these fees and should advise their clients accordingly in order to avoid any surprises or unexpected costs.

Overall, condo assignments can be a complex process, and it’s important for condo assignment lawyers in Ontario to be knowledgeable about the laws and regulations that govern them. At Falcon Law PC, our experienced lawyers are well-versed in condo assignments and are available to assist clients with all aspects of the assignment process. If you’re looking for legal representation for a condo assignment in Ontario, please don’t hesitate to contact us at 1-877-892-7778 or [email protected] . We’re here to help!

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Gabriel Krikunez is the founder and Principal Lawyer of GK Law. He founded the firm in 2014 to provide high-quality and individualized legal services to the residents of the Greater Toronto Area at competitive rates.

Gabriel has a strong education background, including an LLB from Osgoode Hall Law School and an MBA from York University. He gained lots of experience and skills while articling and working in well-regarded firms before opening his practice.

The lawyers at GK Law work hard to protect their client’s legal rights for all their real estate and business transactions. At Real Estate Lawyers – GK Law, we have over FIFTEEN YEARS of experience closing well over 10,000 transactions. We treat each of our clients as we would our family and friends, delivering warm and client focused service in Toronto and GTA.

Why Choose GK Law as Your Property Lawyer?

Choosing the right real estate lawyer in Toronto is crucial for safeguarding your investment and ensuring a hassle-free process. GK Law stands out from the competition by offering personalized services tailored to meet the unique needs of our clients. Whether you are an individual property owner, a real estate investor, or a manager of a large pension fund, our approach is designed to offer you customized legal solutions. Our team takes the time to understand your specific circumstances and objectives, providing tailored advice and support every step of the way. With GK Law, you gain not just a legal service provider but a trusted partner committed to achieving your real estate goals.

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Our Real Estate Law Services

At GK Law, we provide a comprehensive suite of legal services to persons and corporations seeking legal assistance in real estate transactions. Some of the areas we assist our clients with include:

Residential Lawyer

Our residential legal services cover every facet of buying, selling, and owning a home. From conducting title searches to addressing zoning issues, we provide tailored advice and support to ensure your residential property transactions are secure and compliant with all legal standards.

Commercial Law

Understanding the complexities of commercial law is essential for business owners and investors. GK Law's expertise encompasses all aspects of commercial real estate, including purchases, sales, lease agreements, and development projects. We are committed to supporting your commercial endeavors with strategic legal solutions.

Corporate Law

GK Law extends its legal proficiency to corporate law, assisting businesses with structuring, governance, transactions, and compliance. Our corporate law services are designed to support your business's growth and success, addressing legal challenges and opportunities with sophisticated and actionable advice.

New Home Purchases

Navigating the journey of purchasing a new home requires expert legal guidance. At GK Law, we specialize in facilitating new home purchases, ensuring every aspect of your transaction—from the agreement of purchase to securing title insurance—is handled with precision and care. Let us make your dream of homeownership a seamless reality.

Refinancing Existing Properties

Refinancing can offer a pathway to better financial flexibility or more favorable terms. Our experienced team provides comprehensive support through the refinancing process, advising on legal requirements and liaising with financial institutions to streamline your property's refinancing, ensuring optimal outcomes for your financial health.

Property Sales and Legal Transfers

Selling a property involves complex legal procedures and documentation. GK Law excels in managing the intricacies of property sales and legal transfers, including navigating land transfer taxes and preparing all necessary legal documents. Our expertise ensures a smooth transition of ownership, safeguarding your interests throughout the sale process.

Wills and Estates

Planning for the future is crucial. Our wills and estates services ensure your assets are distributed according to your wishes. We offer comprehensive estate planning, including wills, trusts, and powers of lawyer, providing peace of mind and securing your legacy for your loved ones.

Mortgage Refinance

Refinance your mortgage with confidence, knowing that you have professional legal guidance to help you navigate the process and protect your interests.

Litigation Law

Our experienced litigation lawyers are here to help you protect your rights and achieve the best possible outcome.

The Importance of a Competent Real Estate Lawyer

Engaging a skilled real estate lawyer is crucial in navigating Toronto's vibrant and complex real estate market. By partnering with GK Law, you're not only ensuring a smooth transaction process but also safeguarding your investment and securing your future in one of Canada's most dynamic real estate environments. Our expertise serves as your best defense against the myriad of potential legal pitfalls that can arise during real estate transactions. From drafting and reviewing agreements of purchase and sale to conducting due diligence and ensuring compliance with all local regulations, our team's comprehensive approach is designed to protect your interests at every step.

Avoid Potential Legal Pitfalls

Our extensive experience in real estate law enables us to proactively identify and address potential issues before they escalate into significant problems. This foresight ensures that your real estate transaction proceeds smoothly, without any unexpected complications. By preemptively tackling challenges such as title defects, zoning issues, or disputes over property boundaries, we minimize risks and avoid delays, ensuring a streamlined process for all parties involved.

Ensure Smooth Transactions

Whether you’re engaging in a residential real estate transaction or navigating the complexities of a commercial real estate deal, our dedicated team is committed to facilitating a seamless process from start to finish. We understand the nuances of both residential and commercial properties, and our goal is to ensure that every transaction—from the initial agreement of purchase to the final settlement of the purchase price—is conducted efficiently, effectively, and in your best interest.

Protect Your Investment

At GK Law, we take the protection of your investment seriously. Our meticulous review of all legal documents, thorough title searches, and proactive communication with real estate agents and other involved parties ensure that your property is fully protected. Our approach not only secures your current transaction but also positions you favorably for future real estate endeavors. By addressing potential legal issues upfront and ensuring the integrity of your investment, we lay the groundwork for your continued success in Toronto’s real estate market.

Fees and Disbursements: What to Expect

Understanding the costs associated with real estate transactions is essential for every buyer, seller, and investor. At GK Law, we prioritize transparency and clarity in all our financial dealings. Our approach to fees and disbursements is designed to provide you with a comprehensive understanding of your legal costs upfront, eliminating surprises and ensuring that you are well-informed about the investment you are making in our services. Whether you are engaging in residential or commercial real estate transactions, we outline all potential fees and disbursements in detail, offering you peace of mind and a clear financial path forward.

Transparent Pricing for All Residential Transactions

For residential transactions, GK Law is committed to providing transparent pricing that covers all aspects of your real estate deal. From drafting and reviewing contracts to closing the sale, our fees are structured to ensure that you receive comprehensive legal support without hidden costs. We believe in making our pricing clear from the outset, allowing you to budget effectively for your transaction and understand exactly what services you are receiving.

Understanding Disbursements in Real Estate Law

Disbursements are out-of-pocket expenses that are necessary for the completion of your real estate transaction, such as registration fees, title search fees, and other miscellaneous costs. At GK Law, we strive to educate our clients on the nature and necessity of these disbursements, ensuring that you understand each cost and its purpose. Our goal is to demystify the legal costs associated with real estate transactions, providing a transparent breakdown of disbursements to avoid any unexpected expenses.

CLIENT TESTIMONIALS

Closing Cost

There are generally no ‘closing costs’ in a refinance transaction, other than legal fees and disbursements!

Closings costs vary depending on the nature of the transaction. Newly constructed homes (i.e. builder purchases will include the cost of the Tarion warranty, the costs of tree planting, driveway paving, property tax adjustment, extension fees if any, NSF fees on deposit cheques if any, energization costs such as the installation of a hydro or water meter etc…). Not all builders charge the same closing costs. Resale homes do not have any of these costs. Closing costs are usually limited to an adjustment in respect of any prepaid property taxes, fuel oil tank (if any) and prepaid maintenance for the month of closing, in the case of condos. Again, your lawyers’ fees and disbursements may also be considered as closing costs.

The purchaser pays the closing costs, which are paid at the time of closing. These costs are added to the total that is otherwise due and payable. For example, if your closing costs are $4,450, then this sum will be added to the monies that are due to the seller, but will of course be disbursed by your lawyer to the appropriate parties on closing. Your lawyer’s fees and disbursements will be lumped in as well. The land transfer taxes will be paid by your lawyer to the Province and the other closing costs will likely be paid to the seller with your lawyer retaining the monies that are payable to him on account of fees and disbursements and HST.

Closing costs is an umbrella term for various legal fees and expenses that are payable on closing. These can mean anything from closing adjustments such as for prepaid property taxes and maintenance for resale properties, to builder adjustments such as paving, tree planting, Tarion fees, etc…to even Land Transfer Taxes and to even legal fees and disbursements. The term “closing costs” does not have a precise definition and will vary depending on whom you speak to.

The same as with residential, all closing costs are paid by the purchaser.

A CAP rate is a type of ‘rate of return’. In simple terms, cap rate is a calculation of annual net rents (excluding financing costs) divided by the price paid for the property. For example, rents received are 100,000, then you subtract expenses such as property taxes, management fees, insurance costs etc…but NOT the mortgage, say $60,000 leaving you with net rents of $40,000. If you paid $600,000 for this property then CAP rate is $40,000 / $600,000 = 6.67% . There are other forms of ‘rates of return’. Financing will drastically alter the rate of return. Cheap financing will greatly increase the rate of return whereas expensive financing (i.e. high interest rate loans) will result in a lesser return. Since each person’s ability to finance the property varies depending on individual circumstances, the playing field is evened by eliminating financing as a factor and comparing the value of the properties as if they were purchased for ‘cash’ (i.e. without financing). This allows for a better comparison of prices between different properties and in evaluating a property’s potential, market participants need only to refer to a CAP rate with a higher CAP rate being more beneficial to the owner than a lower CAP rate, and thus a purchaser wishes to buy at a HIGHER CAP rate and a seller wishes to sell at a LOWER CAP rate. The lower the CAP rate the greater the price must be because as previously explained, CAP rate is inversely proportional to price.

Whether paying cash or purchasing with a mortgage does not change the closing costs. The only cost that may change are that the disbursements with the lawyer may be a couple of hundred dollars smaller.

Again, excluding the Land Transfer Taxes, the builder’s closing costs vary from builder to builder. A good rule of thumb is to budget for 1.0% of the purchase price on account of closing costs (excluding Land Transfer Taxes). Given the nature of the high prices, it is likely that the closing costs (excluding Land Transfer Tax) would constitute less than 1%.

Refinancing a property in Ontario is essentially a two step process. First, you must be approved for a loan by a willing lender such as a bank and second, you (and most of the time the lender) will retain the same lawyer to receive mortgage instructions from the lender. The lawyer will then prepare the mortgage according to the instructions received from the lender and invite you (the borrower) into his office to sign the new mortgage documents. The lawyer will then receive money from the lender and disburse that money as needed with the net left over to you, the borrower. At the same time, a new mortgage will be registered on your property and in a short while thereafter the old mortgage will be deleted from your property.

Many clients and agents ask this question to assist their foreign potential purchasers with purchasing a property. The simple answer is YES. Any legal entity (individual person, corporation, partnership or trust) whether foreign or domestic, may purchaser real estate in Ontario.

Foreign Buyers

Generally yes, unless of course there is some suspicion that this should not be done for legal reasons. Generally, there should be no reason why the seller would make such a request, unless perhaps the seller has closed all his bank accounts because he is emigrating to another country.

This is a complex question, but generally, if you wish to control the disposition of your property upon your death, then YES, you should have a Will prepared?

Not in and of itself alone. Unlike some Caribbean countries that give out permanent residencies upon the purchase of a property, this is not the case in Canada.

Sure, the lawyer does not necessarily need to release the money to the foreigner and can apply those funds to another pending purchase.

NO. There may be accountant’s costs. There may be increased legal fees to deal with the monies that the lawyer has to hold back and ‘manage’ for a certain time, but as a general concept, there are no additional fees, taxes or expenses.

Yes. Not all foreigners (i.e. persons living in Canada who are not Canadian permanent residents or Citizens) are non-residents for income tax purposes.

Yes, a foreigner who is a non-resident can try to lie, but if the seller’s lawyer suspects that his client is a non-resident, he will not proceed with the transaction on any other basis and the seller will either have to comply with the process or change lawyers. The tax system in Canada is based on a voluntary disclosure system of honesty.

In theory, you can. Again, you must think of the two step process referred to above. If you are able to find a lender willing to lend you money even though you are underwater with your current mortgage, then your lawyer will proceed to complete this new loan transaction according to the instructions that he receives from the new lender.

NO. There are generally no restrictions.

Generally yes. This is a question that should be directed to your local mortgage agent/broker. However, generally a foreigner should be able to obtain a mortgage loan in Ontario given enough of a down payment. Generally, a 35% down payment is required. Furthermore, the foreigner may need to prove some sort of income in his local country that would enable him to support the mortgage loan, but will likely require a reference letter from his foreign financial institution. Credit bureau checks do not account for as much because there is likely no bureau file. Again, this matter should be directed to the mortgage agent/broker.

Yes. Given that mortgage payments, potentially maintenance payments, property taxes and utilities will need to be paid using a local bank account, the foreigner will need to open one. Also, rents will need to be deposited somewhere, obviously.

NO. It may be a surprise to you, but the bank will, with a good standing client who will vouch for the person, be able to open a bank account for the foreigner without the foreigner being present. For details on this matter, you should speak to your local banker.

NO. But proper identification from the foreign country is required. Passport and credit card from a financial institution, or a driver’s license in English.

NO. Other than the travel expenses, there are no additional costs to purchase.

NO. Again, refer to the answer in the previous question.

Generally, NO. A spouse only needs to sign consent on a mortgage that is being arranged on a matrimonial (family) residence. Given that the foreigner will not be residing in the property with his spouse, then the spouses’ signature is not required. This of course does not apply to situations where both spouses are purchasing the property and taking title. In this case, both will have to be present to sign the documentation.

NO. A foreigner can sell real estate in Ontario just like anyone else.

On closing, a seller must provide a special document to the purchaser that says whether the seller is a non-resident or not a non-resident. It is ultimately not the purchaser’s duty to determine whether the seller is or is not a non-resident, unless of course the purchaser has specific knowledge. If the seller advises his lawyer that he is a non-resident for tax purposes, then the procedure outlined above kicks in. If the foreigner signs a certificate stating that he is not a non-resident, then the procedure above does not kick in and the seller gets all his money on closing. The purchaser in this case is free of any liability, notwithstanding whether the foreigner was honest or not. It is the purchaser’s role to ensure that he either obtains a document from the seller stating that the seller is not a non-resident or otherwise ensures that the seller’s lawyer holds back the 25% of the purchase price.

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Michael Carlson

Michael Carlson is the managing partner of Carlson Associates and was called to the Ontario Bar in 2002.

From the beginning of his career, Michael has focused his legal practice on the arcane world of real estate litigation. He draws on hundreds of years of case law from England and Canada in this complicated area of law and Michael is proud that his numerous reported court cases now add to this rich historical tapestry.

Michael has appeared in dozens of cases throughout Ontario, at all levels including the Ontario Superior Court of Justice, the Commercial Court, the Estates Court, the Ontario Divisional Court and the Ontario Court of Appeal. Michael has also appeared before a wide range of administrative bodies including the License Appeal Tribunal (LAT) and the Real Estate Counsel of Ontario (RECO).

Client engagement is central to successful litigation, and Michael is committed to maintaining a high level of communication. He takes the time to truly involve the client and incorporate their goals, concerns, values and feedback. Michael manages the relationships transparently so that his clients can see how their interests are being served at every stage of the litigation process. He collaborates with clients to determine what their goals are, and works towards resolving disputes before trial, and when trial is required, to advocate zealously for his clients.

Yonatan Kramer

Yonatan is a skilled and experienced lawyer specializing in real estate litigation. He articled at the law firm of Aaron and Aaron, working closely with renowned real estate lawyer Bob Aaron. He has extensive experience appearing in courts and tribunals, including the Divisional Court, Superior Court, Small Claims Court, Landlord and Tenant Board, and the License Appeal Tribunal.

Yonatan received his law degree from the University of Windsor, where he was actively involved in moot competitions. With a track record of success in navigating clients through complex real estate disputes, Yonatan has become a trusted advisor and consultant to other lawyers seeking guidance on real estate litigation matters.

Yonatan is known for his approachable and client-focused demeanor, putting his clients at ease while navigating complex legal issues. He is committed to providing high-quality legal services that are both effective and cost-efficient, ensuring that his clients are able to achieve their goals in a timely and cost-effective manner.

Whether you are a builder, homeowner, developer, landlord, or tenant, Yonatan has the knowledge and experience to help you navigate the complex and ever-changing world of real estate litigation.

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Assignment Agreement Lawyer Service

Assignment Agreement Lawyer

Our intellectual property lawyer can assist you with an assignment agreement. An assignment can be viewed as the transfer of rights from one party (assignor) to another party (assignee). Assignments are used as clauses in contracts, or can constitute a whole short-form contract between parties. In intellectual property law ("IP") an assignment agreement is used to assign and evidence the transfer of IP rights rights in various situations, whether related to employment law, founders agreements, IP acquisition, etc.

Our intellectual property lawyer and IP lawyer offers services across the Greater Toronto Area, including Mississauga, Oakville, Milton, Brampton, Burlington, Hamilton, Guelph, Waterloo, Kitchener, Vaughan, Newmarket, North York, and surrounding areas.

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Contact SLC Law to speak to an intellectual property lawyer

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Durno and Shea Professional Corporation 505 Ellesmere Road, Suite #3, Toronto, Ontario M1R 4E5

Phone: 416-752-0720

Fax: 416-752-1439 or 416-752-8399

Email: [email protected]

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