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Assignment Of Purchaser's Interest In Land Contract Template for Canada

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Key Requirements PROMPT example:

Assignment Of Purchaser's Interest In Land Contract

"I need an Assignment Of Purchaser's Interest In Land Contract for a pre-construction condominium in Vancouver, BC, with the original purchase price of $850,000 and assignment price of $950,000, with expected completion in March 2025."

Document background
The Assignment Of Purchaser's Interest In Land Contract is a specialized legal document used in Canadian real estate transactions when the original purchaser (assignor) wishes to transfer their rights and obligations under a property purchase agreement to a new purchaser (assignee) before the closing of the original transaction. This document is particularly common in pre-construction property sales or in situations where the original purchaser cannot or chooses not to complete the purchase. The agreement must comply with provincial property laws and often requires the original seller's consent. It includes crucial details such as the assignment price, original purchase agreement terms, and conditions for closing. The document is especially relevant in hot real estate markets where property values may increase significantly between the original purchase agreement and completion dates. Special attention must be paid to provincial requirements regarding land transfer tax, GST/HST implications, and foreign buyer regulations where applicable.
Suggested Sections

1. Parties: Identifies all parties: Original Purchaser (Assignor), New Purchaser (Assignee), and acknowledgment of Original Seller

2. Background: Recitals explaining the original purchase agreement details and the intention to assign the purchase rights

3. Definitions: Defines key terms used throughout the agreement including Property, Original Purchase Agreement, Closing Date, and Assignment Date

4. Assignment: Core clause transferring all rights, title, and interest in the Original Purchase Agreement to the Assignee

5. Assignment Price: Details of the assignment price, payment terms, and any deposits required

6. Representations and Warranties: Statements by the Assignor regarding their right to assign, status of the original agreement, and property conditions

7. Assignee's Covenants: Assignee's commitments to assume all obligations under the Original Purchase Agreement

8. Closing Conditions: Conditions that must be met before the assignment becomes effective

9. Closing Procedures: Steps to be taken to complete the assignment transaction

10. General Provisions: Standard contract clauses including governing law, notices, and entire agreement provisions

Optional Sections

1. Original Seller's Consent: Required when the Original Purchase Agreement requires seller's consent for assignment

2. Real Estate Agent Provisions: Include when real estate agents are involved in the assignment transaction

3. GST/HST Declaration: Required for new properties or when GST/HST applies to the assignment

4. Foreign Buyer Declaration: Include when relevant under provincial foreign buyer regulations

5. Assignment Conditions: Include when assignment is subject to specific conditions like financing or due diligence

6. Deposit Assignment: Required when original deposit is being transferred or credited to assignee

7. Property Development Provisions: Include for pre-construction properties or properties under development

Suggested Schedules

1. Schedule A - Property Description: Legal description of the property and any included items

2. Schedule B - Original Purchase Agreement: Copy of the complete Original Purchase Agreement and any amendments

3. Schedule C - Financial Terms: Detailed breakdown of assignment price, deposits, and payment schedule

4. Schedule D - Outstanding Selection Forms: For new construction, lists any outstanding selection forms or choices

5. Appendix 1 - Seller's Consent Form: If required, the executed consent from the Original Seller

6. Appendix 2 - Property Development Updates: For pre-construction properties, current status and completion estimates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

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Legal

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Relevant Roles

Real Estate Lawyer

Property Developer

Real Estate Agent

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