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Real Estate Law / Ontario
New construction, preconstruction and assignment transactions
Buying from a builder or taking over someone else’s purchase agreement can involve several deadlines and costs. We help you understand the terms, review assignment paperwork and plan for occupancy and closing.
Legal services provided by a lawyer licensed in Ontario.
- Clear advice
- Practical next steps
- Steady guidance
Where are you in the transaction?
Start with what you’re signing, the documents you have and the next date you need to meet.
I have a builder agreement
You’re considering a new home or condo, or you’ve signed and want to confirm the terms and dates.
I’m buying or assigning purchase rights
You need to check the original agreement, builder consent, deposits and payment timing.
I have an occupancy or closing date
You want to know what the notice means, what to sign and how much to have ready.
Agree on the work you need
We confirm whom we can represent, which work you need and who will handle each step if another lawyer is involved.
Know what the builder agreement commits you to
A builder agreement sets out what you’re buying, when the home is expected to be ready and what you may have to pay beyond the advertised price. Ask for the full package while you still have time to review it.
Read the agreement with the schedules and plans
We check the property description, plans, included features and the builder’s rights to make changes. We review the deposits, financing conditions, restrictions and conditions that let either side end the agreement. For a new condo, we also review the disclosure documents and the unit, parking or locker rights described in the agreement.
Confirm the dates and review rights
We check the Statement of Critical Dates in the applicable addendum and explain when a tentative date can change, what notices matter and which deadlines apply to you.
For a purchase covered by Ontario’s condo developer disclosure rules, the usual 10-day cancellation period is counted from the latest date you receive the disclosure statement, the condominium buyer’s guide or the agreement signed by you and the developer. If you want to use this right, the developer named in your documents or its lawyer must receive written notice within that period.
If you’re buying a new freehold home, arrange a review before signing so we can check the contract and any cancellation rights that apply.
Understand deposits, closing charges and warranty protection
The purchase price is only part of the amount you may need. We review the agreement and its schedules to see what is included, what can be added and which charges have a cap or an exception.
What can affect your closing funds?
- Development charges, levies, utility connections or metering costs charged under the agreement.
- Deposits already paid, upgrades and any other agreed credits or amounts due.
- Adjustments for property taxes, common expenses or other items the agreement allocates between the parties.
- HST and any housing rebate assumed in the price, including what you may owe if you’re ineligible.
Check who holds the deposit and what protection applies
We review who receives your deposits, when they’re due, and how the agreement treats them if the purchase closes or ends. We check the applicable licensing, Tarion enrolment, purchaser registration and warranty documents so you know what to confirm and what records to keep. Available protection depends on the home, the agreement and the circumstances.
Review the original purchase agreement and assignment together
An assignment transfers purchase rights under the builder agreement. The new buyer may also take on obligations under that agreement. We draft and review assignments for buyers and sellers of those rights, with the scope and representation confirmed at the outset.
Check consent, fees and continuing obligations
We check whether the builder’s written consent is needed, any restrictions on marketing or transfer, and which fees or conditions apply. If you’re assigning your agreement, we review whether the builder releases you or whether you remain responsible for any obligations if the new buyer fails to close.
Follow the deposits and the money due
We trace the original deposits, any reimbursement and additional amount payable to the seller of the rights, and the balance still due to the builder. We identify when each payment is due and which documents support the amounts. If you’re buying the rights, confirm the financing and cash you’ll need for both the assignment and final closing.
GST/HST generally applies to assignments of purchase agreements for new homes or condo units. A payment that solely reimburses a deposit paid to the builder can be excluded from the amount subject to GST/HST if the written assignment identifies that amount as a deposit reimbursement. We review who is responsible for the tax under the agreement and can coordinate with your tax adviser on the calculation and any rebate.
Plan for occupancy, delays and final closing
A builder’s notice can set a new date or ask you to sign more documents. Send it early so we can confirm what it means and when you need to act.
Interim occupancy for a new condo
Your agreement may allow or require you to take occupancy before you receive title. We review the occupancy paperwork and charges so you can plan the amounts due at that stage. Final closing follows separately, when ownership transfers and any mortgage funding is arranged.
Delay, cancellation or a warranty concern
Keep the original addendum, all revised dates, builder notices and any documents you’re asked to sign. We can review what options the agreement and applicable rules provide, including how a delay or cancellation may affect deposits. For a warranty issue, send the relevant notices and inspection records through the secure instructions we provide.
Get ready for the closing date
We review title and closing adjustments, explain the balance to bring in, and coordinate signing, lender requirements and registration within the agreed scope. Tell us early if your financing has a time limit or if your move depends on another sale or lease.
Meet our principal lawyer
Vinay Thapliyal
Founder & Principal Lawyer
Licensed to practise law in Ontario
Vinay’s real estate practice includes purchases, sales, financing and title matters. Legal Route helps buyers and sellers of purchase rights understand builder terms, assignment documents and the work required to reach closing.
Meet Vinay ThapliyalTell us about the builder purchase or assignment
A brief description is enough for your first inquiry.
What to tell us
- The property and your role
The municipality, the type of home, and whether you’re buying from the builder, buying purchase rights or assigning your agreement.
- The agreement and notices
What you’ve received or signed, and whether the builder has sent a new date, amendment or consent form.
- The next deadline
The date and time of any review, consent, deposit, occupancy or closing deadline.
- The work you need
A document review, assignment drafting or advice, help with a notice, or representation for occupancy and final closing.
Consultation, fees and scope
We confirm any consultation fee before booking. Before you retain us, we explain the proposed legal fees, taxes and anticipated expenses for the agreed work.
Builder agreement review, assignment work and final closing can involve different steps. Tell us which work you need so we can explain what’s included.
A brief summary is enough to start. Please wait for secure sharing instructions before sending signed agreements, deposit receipts, identification or financial documents.
How engagement begins
Confirm the parties and next dates
We check conflicts and availability and identify what we need to review.
Agree on the work and fees
We explain what’s included and how the agreement review, assignment, occupancy or closing would fit together.
Begin the agreed work
Once retained, we review the documents and discuss the next steps and responsibilities within that scope.
Questions about builder purchases and assignments
When should I have the builder agreement reviewed?
Ask for a review before signing where possible. If you’ve signed, tell us when you received the agreement, addendum and any disclosure documents, and flag the earliest deadline or payment date.
How do I know if I have a cooling-off period?
Tell us whether you’re buying a freehold home, a condo unit or a home tied to a condominium. We check the agreement, the legal structure and the dates you received the documents. For a covered condo developer purchase, the usual 10-day period is counted from the latest date you receive the disclosure statement, the condominium buyer’s guide or the agreement signed by you and the developer.
Can the builder change my occupancy or closing date?
That depends on your agreement, the applicable addendum and the notice you received. Share the original Statement of Critical Dates and each later notice so we can check the dates, what the builder is asking and what options may apply.
Do I need to register my purchase with Tarion?
Tarion requires buyers covered by its new freehold purchase registration rules to register within 45 days of signing. When you register can affect your deposit protection. See Tarion’s registration guidance for the steps and transition details. Use your Home ID if you have one and keep your registration confirmation.
Can I assign my agreement before final closing?
Start with the original agreement. We review whether an assignment is permitted, what consent or fees the builder requires and whether you remain responsible for any obligations after the transfer.
What payments should I plan for on an assignment?
Check which amounts reimburse deposits, which are paid for the purchase rights, and which remain due to the builder. We review who pays each amount, the due dates, the consent terms and the tax wording.
How is interim occupancy different from final closing?
Interim occupancy can let you use a new condo unit before ownership transfers. We review the paperwork and charges for that stage. The final closing involves the title transfer, adjustments and mortgage funding where applicable.
Can you assist if I’m outside Brampton?
We assist with Ontario transactions. Meetings and document review can be virtual for suitable matters. We confirm identification, lender and signing requirements and whether an in-person step is needed.
Serving clients across Ontario
Virtual appointments available · In-person appointments in Brampton
From our Brampton office, we assist with builder purchases and assignments across Toronto and the GTA regions of Peel, York, Halton and Durham, as well as elsewhere in Ontario.
We can review builder or assignment documents remotely for suitable matters. If we’re handling occupancy or closing, we’ll confirm identification, signing and lender requirements and any steps that need to happen in person.
Ontario communities we serve
Our office is in Brampton. We assist with new construction purchases and assignments in these and other Ontario communities.
Toronto: Toronto, including North York, Scarborough and Etobicoke.
Peel Region: Brampton, Mississauga and Caledon.
York Region: Vaughan, Markham, Richmond Hill, Aurora and Newmarket.
Halton Region: Oakville, Burlington, Milton and Halton Hills.
Durham Region: Pickering, Ajax, Whitby, Oshawa, Clarington and Uxbridge.
Elsewhere in Ontario: Hamilton, Guelph, Kitchener-Waterloo, Cambridge, Barrie, London, Windsor, Kingston, Ottawa, Greater Sudbury and other Ontario communities.
Tell us where the property is and where you’ll be when it’s time to sign.
This page offers general legal information. For advice about your circumstances, speak with a lawyer. We confirm representation, scope and timing separately after receiving an inquiry.