Assignments are often confusing to buyers, sellers and even many real estate agents who do not specialize in pre-construction homes. We’re here to help you understand the ins and outs of assignments, what it is and what you need to look out for when trying to buy or sell a home under assignment.
What are Assignment Sales?
In real estate, an assignment refers to the transfer of rights and obligations of a purchase agreement from the original buyer (assignor) to a new buyer (assignee) prior to the building closing and often prior to the building being completed. It allows the original purchaser to sell their interest in a property before its completion, effectively passing on their contractual obligations and entitlements to the assignee whilst the building is still registered under the builder’s name.
Several assignment restrictions are commonly encountered. One common restriction is the requirement for the building to reach a certain percentage of units sold before assignments are allowed. This restriction ensures that developers have a sufficient number of committed buyers to ensure the successful completion of the project.
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Assignments usually have a fee associated with them. Many new developments will advertise free assignments however it is important to note that even with “free assignments”, the builder will still charge an administrative fee or lawyer fee to process the assignment.
Furthermore, developer consent and approval is typically required for assignments. The developer has the right to evaluate the assignee’s financial capabilities and suitability as a new buyer. This step helps maintain the project’s integrity and prevents speculators or unqualified individuals from entering into the transaction.
The Multiple Listing Service (MLS) is a widely used platform for real estate professionals to market and share property listings. However, most assignments are not allowed to be listed on MLS therefore sellers need to find alternative sources to find buyers, this is where it is useful to utilize real estate agents with a large clientele list.
Why Buy an Assignment?
Buying a property under assignments often allows you to purchase a property at a lower than market price. Assignments often involve sellers who are motivated to sell quickly, allowing buyers to potentially secure a desirable property at a discounted price. However, it’s important to note that assignments typically require a high down payment since you would need to pay the deposit that has already been paid to the builder upfront within a relatively short period.
The assignment process offers flexibility and opportunities for buyers in the real estate market. They are generally priced lower than market value which is a great benefit to buyers. However, assignment restrictions, such as the requirement for a certain percentage of units sold and the need for developer consent can pose challenges when trying to sell an assignment. Furthermore, the limitations on listing assignments on the MLS and just advertising in general can make assignments difficult to find or sell. It is always important to reach out to a pre-construction specialist so that you understand all the intricacies of assignments.
Give us a call if you’re looking for a pre-construction home and we’ll help you make the most informed decision for your home-buying needs.