Guides for assignors: builder consent, fees, pricing and selling privately.
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.
Assignors typically pay a builder assignment fee (a flat fee or a percentage of the price, set by your agreement), legal fees for their own lawyer and sometimes the builder’s, realtor commission if they use one, and taxes: GST/HST on the profit portion plus income tax on the gain. Your purchase agreement sets the builder’s charges.
Yes, a builder can refuse or restrict an assignment if your Agreement of Purchase and Sale allows it. Most builder agreements require written consent, and many limit timing, charge a fee or ban public advertising, including on MLS. If the agreement is silent, assignments may be permitted, but get a lawyer’s opinion before relying on that.