Yes. You can sell an assignment privately as long as your purchase agreement allows the assignment. You’ll still need the builder’s consent (if required) and a real estate lawyer to prepare the assignment agreement and handle funds. Selling privately saves commission, but you take on pricing, marketing and negotiating yourself.
Key takeaways
- Read your assignment clause first: consent, fees and marketing limits.
- Price using recent comparable sales and what buyers will pay at closing, not just your target profit.
- Share the key facts upfront: original price, deposits paid, closing date and upgrades.
- Always use a lawyer. A realtor is optional.
Step 1: Check your agreement
Find the assignment clause and any amendments. Confirm whether consent is needed, the fee, timing limits and whether public advertising is allowed. See Can a builder refuse an assignment?
Step 2: Price it realistically
Look at recent resale prices for similar units in the building or area, then factor in what a buyer will pay in total: your deposit refund, your profit, their closing costs and any HST on your profit portion. Our profit estimator shows how the numbers split.
Step 3: Market it
Post the listing with clear facts: unit type, size, original price, deposits paid, closing date, parking, locker and builder consent status. On Assignment Connect it’s free to list, and buyers message you privately. Respect any advertising restrictions in your agreement.
Step 4: Negotiate and sign
Agree on price, whether HST is included, who pays the builder fee, and conditions such as builder consent and the buyer’s financing. Your lawyer prepares or reviews the assignment agreement; in Ontario, OREA Form 150 is commonly used as a starting point.
Step 5: Get consent and close the assignment
Submit the assignment to the builder with the required fee and documents. Once consent is granted, the lawyers exchange funds and documents. The assignee then closes with the builder on the scheduled closing date.
When is a realtor worth it?
A realtor experienced with assignments can help with pricing, reaching buyers and negotiating, especially in a slow market or when marketing is restricted. If you use one, confirm whether commission is based on the profit or the total price. Realtors can also list clients’ assignments on Assignment Connect.
Frequently asked questions
Is it legal to sell an assignment privately?
Yes, as long as your purchase agreement permits the assignment and you follow its conditions.
Do I need a lawyer to sell an assignment?
Yes. A real estate lawyer should prepare or review the assignment agreement, deal with the builder and handle the funds.
Where can I list an assignment for free?
You can post your assignment for free on Assignment Connect, a marketplace focused only on assignment sales.
Buying or selling an assignment?
Browse live assignments or post yours for free on Assignment Connect.
Sources
- OREA Form 150: Assignment of Agreement of Purchase and Sale
- RECO: Buying or selling a pre-construction home
This guide is general information, not legal, tax or financial advice. Rules change and every agreement is different, so speak with a real estate lawyer, accountant or mortgage professional about your situation.