BC Realtor Pre-Sale Condo & Assignment Guide: Deposits, GST, Assignment Sales & Risks (2026)
Pre-sale condos and assignment sales are a significant segment of BC's real estate market — particularly in Metro Vancouver, the Fraser Valley, and Kelowna. They come with unique legal protections, tax complications, and timing risks that require specialist knowledge. This guide covers everything you need to advise buyers, sellers, and assignors effectively.
1. Pre-Sale vs. Resale: Key Differences
Buying a pre-sale condo is fundamentally different from buying a resale unit. The buyer is purchasing a contract right, not a completed property. Here's how the two compare across the dimensions that matter most:
| Feature | Pre-Sale | Resale |
|---|---|---|
| What you buy | Contract right to purchase a unit at future completion | Completed, registered strata lot |
| Completion timing | 6 months to 5+ years away | Typically 30–90 days |
| Title registration | On completion (can be years away) | On completion (weeks away) |
| GST | Yes — 5% on new units (rebates available) | No (resale units exempt from GST) |
| PTT | Paid on completion by buyer | Paid on completion by buyer |
| Deposit held | In trust under REDMA until project thresholds met | In trust with seller's lawyer/notary |
| Rescission right | 7 days under REDMA disclosure statement | 3 business days under HBRP |
| Financing risk | Pre-approval at purchase; must requalify at completion | Standard mortgage at completion |
| Speculation risk | High — market may fall below contract price | Low — you see what you buy |
| Strata docs available? | No — not built yet; only disclosure statement and marketing materials | Yes — Form B, minutes, financials |
2. REDMA: BC's Pre-Sale Disclosure Law
The Real Estate Development Marketing Act(REDMA) is BC's primary consumer protection law for pre-sale residential development. It requires developers to file a Disclosure Statement before marketing or selling pre-sale units.
What REDMA Requires
- •Disclosure Statement filed with BC Financial Services Authority (BCFSA) before marketing
- •Buyer must receive Disclosure Statement before executing purchase contract
- •7-day rescission period after buyer receives disclosure
- •Deposits held in trust — developer cannot access until financing threshold met
- •Material amendments to Disclosure Statement must be disclosed to buyers
- •Marketing suite and plans must reasonably represent final product
What Disclosure Statement Covers
- •Developer identity and principals
- •Project description, number of units, strata plan details
- •Estimated monthly strata fees
- •Proposed bylaws
- •Completion date estimate and extension rights
- •Encumbrances, easements, covenants on title
- •Parking and storage allocation
⚠️ REDMA Rescission: The 7-Day Window
After a buyer receives the Disclosure Statement, they have 7 daysto rescind the purchase contract and receive a full deposit refund — no questions asked. This window is non-waivable. Advise buyers to use this period to review the contract with a lawyer, check the developer's track record, and verify financing eligibility at their bank.
3. Deposit Structure & Protection
Pre-sale deposits are typically paid in staged installments over the period between contract signing and completion:
| Deposit Stage | Typical Amount | Timing | Held By |
|---|---|---|---|
| Initial deposit | 5% of purchase price | On contract execution (after rescission) | Developer's trust account |
| Second deposit | 5% of purchase price | 6–12 months after initial | Developer's trust account |
| Third deposit | Varies (0–5%) | On or near first occupancy permit | Developer's trust account |
| Final balance | Remaining purchase price | On legal completion | Lawyer's trust → developer |
✓ Deposit Protection (REDMA)
- •All deposits held in trust — developer cannot use them
- •If project cancelled: full deposit refund guaranteed
- •Developer must reach financing threshold before accessing deposits
- •BC protections are among the strongest in Canada
✗ What's NOT Protected
- •Interest on deposits — contract may not guarantee interest
- •Opportunity cost if market rose while you waited
- •Completion date delays — typically allowed under contract
- •Contract price locked — no adjustment if costs rise
4. GST on New Construction & Rebates
GST is one of the most important — and most misunderstood — aspects of pre-sale purchases. Unlike resale (which is GST-exempt), all new residential construction is subject to 5% GST on the purchase price.
| Scenario | GST Owing | Rebate Available? | Max Rebate |
|---|---|---|---|
| Unit under $350,000 | 5% of purchase price | Yes — New Housing Rebate | Up to $6,300 (36% of GST) |
| Unit $350K–$450K | 5% of purchase price | Yes — partial sliding scale rebate | Phases out at $450K |
| Unit over $450,000 | 5% of purchase price | No rebate on federal GST | — |
| Buyer intends primary residence | Rebate assignable to developer | New Housing Rebate applies | Up to $6,300 |
| Buyer is an investor/investor entity | 5% — no rebate eligibility | No rebate | Must pay full GST |
| New rental housing (purpose-built) | Rebate under NRRP | New Residential Rental Property Rebate | Up to $6,300 |
Common Mistake: GST Inclusion in Contract Price
Pre-sale contracts vary on whether GST is included or additional. Always confirm whether the listed price is GST-inclusive or GST-exclusive.A unit listed at $700,000 "plus GST" actually costs $735,000 to complete. Most developers include language like "$700,000 plus applicable taxes" — ensure your buyer factors this into their mortgage qualification and closing cost estimate.
5. Cooling-Off & Rescission Rights
📋
REDMA 7-Day Rescission (Pre-Sales)
Applies specifically to pre-sale contracts governed by REDMA.
- •7 business days after receiving Disclosure Statement
- •No reason required — buyer simply notifies developer in writing
- •Full deposit refund — no penalty
- •Non-waivable — developer cannot remove this right by contract
🏠
HBRP 3-Day Rescission (All Residential)
BC's Home Buyer Rescission Period — applies to all residential property, including resale.
- •3 business days after all parties execute the contract
- •Rescission fee: 0.25% of purchase price payable to seller
- •For pre-sales, the REDMA 7-day right typically supersedes HBRP
- •Does not apply to assignments (no new build transaction)
6. Completion & Occupancy: What Can Go Wrong
The gap between signing a pre-sale contract and taking possession can span years — during which many things can change for both buyer and developer:
⏰
Completion Delays
Most pre-sale contracts give developers unlimited extension rights as long as they notify buyers. A "2026 completion" may become 2028. Buyers cannot cancel based on delay alone if the contract permits it.
💸
Financing Requalification
A buyer pre-approved in 2024 must requalify at 2027 rates and stress test at completion. If their income changed or rates rose significantly, they may not qualify for the full purchase price.
📉
Market Decline
If the market drops 15–20% after signing, the unit may be worth less than the contract price at completion. The buyer is still legally obligated to complete — or forfeit deposits.
| Risk | Buyer Exposure | Mitigation |
|---|---|---|
| Developer insolvency | Deposits in trust protected under REDMA; but delay + legal costs | Verify developer track record; check financing threshold clause |
| Project cancellation | Full deposit refund; but lost opportunity cost and market exposure | Diversify — don't tie up all savings in one pre-sale |
| Completion date extension | Carries mortgage pre-approval, living arrangements, storage costs | Build 12–24 months flexibility into life planning |
| Contract amendments | Developer may change specifications (substitutions clause) | Review substitution rights carefully with lawyer |
| Strata fees higher than disclosed | Estimated fees in disclosure often understated | Budget 20–30% above disclosed estimates |
| Interest rate increase | Must requalify at completion; higher rate reduces borrowing power | Obtain 5-year pre-approval; build financial buffer |
7. Assignment of Purchase Contracts
An assignment allows the original buyer (assignor) to sell their contract rights to a new buyer (assignee) before the building completes. The assignee steps into the assignor's shoes and completes the purchase with the developer.
| Party | Role | Key Obligations |
|---|---|---|
| Developer | Original vendor, grants or denies consent to assignment | Set assignment fees and consent conditions in original contract |
| Assignor (original buyer) | Sells contract rights to assignee for assignment price | Must get developer consent; pays income tax on profit; retains liability if assignee defaults |
| Assignee (new buyer) | Takes over contract obligations; completes with developer | Pays assignor the assignment price plus reimburses deposits paid; GST obligations on completion |
Assignment Price Components
- •Original contract price: assignee will pay this to developer at completion
- •Deposit reimbursement: assignee reimburses assignor for deposits already paid
- •Assignment profit (uplift): market appreciation above original contract price
- •Developer assignment fee: paid to developer for consent (passed to buyer or shared)
Developer Consent Conditions
- •Assignment fee: typically $2,000–$15,000+ (varies by developer)
- •Assignee must meet developer's qualifying criteria
- •Some developers restrict timing (no assignment until after a certain date)
- •Some contracts prohibit assignment entirely — check before advising
- •Developer may share in assignment profit above a threshold
8. Tax Implications for Assignors
Tax treatment of assignment profits has changed significantly following CRA crackdowns and the BC government's anti-flipping rules. Assignors must understand their exposure before selling.
| Tax Issue | Rule | Impact |
|---|---|---|
| Income vs. capital gain | CRA generally treats assignment profits as business income (100% taxable) not capital gain (50% inclusion rate) — especially if pattern of flipping | Assignment profit taxed as income at marginal rate (up to 53.5% in BC) |
| GST on assignment profit | CRA requires GST collected on assignment profit if assignor is considered a builder or in the business of flipping | 5% GST on uplift amount; assignor must remit to CRA |
| BC property flipping tax | BC's Property Flipping Tax (2024+): properties sold within 730 days of purchase taxed at 100% (year 1) to 0% (year 2) of profit | Applies to pre-sales sold within 2 years of original purchase date |
| Primary residence exemption | Not available on pre-sale assignments — you never lived in the unit | No PRE to offset capital gain/income on assignment profit |
| FHSA/RRSP use | Cannot use FHSA for assignment purchases (not completing to a primary residence at purchase) | Buyers should confirm eligibility before using registered funds |
⚠️ Always Refer to a Tax Accountant
Assignment tax is complex and fact-specific. Whether profit is income or capital gain, whether GST applies, and whether the BC flipping tax applies all depends on the individual's circumstances, intent, and history. Always refer assignors to a CPA with real estate tax experience before they commit to an assignment sale.
9. Due Diligence for Pre-Sale Buyers
Developer Research
- ✓Track record — completed projects on time and on spec
- ✓BCFSA registration and complaint history
- ✓Construction lender confirmed (project financing secured)
- ✓Marketing Approval from BCFSA filed
- ✓Check rezoning/development permit status if not yet approved
Contract Review (Lawyer)
- ✓Completion date and extension rights
- ✓Substitution clauses (what can be changed without consent)
- ✓Assignment clause and developer fee
- ✓GST inclusion/exclusion in price
- ✓Deficiency inspection rights on occupancy
Financial Planning
- ✓Confirm financing eligibility NOW and model requalification at completion
- ✓Budget full GST amount (not just net of rebate — rebate takes time to receive)
- ✓Closing cost estimate: PTT, legal, adjustments, move-in fee
- ✓Interest rate stress test at completion date rates
- ✓Confirm strata fee budget (add 25% buffer over disclosed estimate)
Disclosure Statement Review
- ✓Compare unit size in disclosure vs. floor plan (measurements may differ)
- ✓Parking and storage stall assignment — confirmed or first-come?
- ✓Amenity details — pool, gym, concierge (often removed post-sale)
- ✓Proposed bylaws — rental restrictions, pet policy
- ✓View and orientation — check against site plan
10. 6 Client Conversation Scripts
Script 1: First-Time Pre-Sale Buyer — Explaining GST
“The developer says it's $650,000. Do I need more money for GST?”
“Yes — and it's important to clarify upfront. If the contract says '$650,000 plus applicable taxes,' you'll owe 5% GST on top — that's $32,500 more at completion. However, if you're buying as your primary residence and the price is under $450,000 you may qualify for a GST rebate of up to $6,300. At $650,000 that rebate phases out completely — so budget the full $32,500. Always confirm with your lawyer whether your contract is GST-inclusive or exclusive before removing subjects.”
Script 2: Buyer Nervous About Completion Delay
“The developer says it'll complete in 2027 but I've heard they always go over.”
“Delays are common in pre-construction — permit issues, supply chain, labour — and most purchase contracts give developers extension rights as long as they provide notice. That means you could be waiting until 2028 or 2029. The critical risk is that your mortgage pre-approval will expire and you'll need to requalify at rates and conditions that exist when the building is actually done. I'll help you review the extension clause in the contract, and I'd strongly recommend talking to your mortgage broker about what options exist for extended rate holds.”
Script 3: Assignor Asking About Tax on Profit
“I bought a pre-sale in 2022 for $550,000 and someone offered me $750,000 for the assignment. How much tax will I pay?”
“Your $200,000 profit sounds great, but the tax picture is complex. BC's Property Flipping Tax may apply if it's been less than two years since your original purchase — and it can tax up to 100% of profit in the first year. Beyond that, CRA typically taxes assignment profits as business income, not capital gains, so you could be paying your marginal tax rate on the full $200,000. There may also be GST to remit on the profit. You need to speak with a CPA who specializes in real estate tax before agreeing to this assignment — the after-tax number may be very different from $200,000.”
Script 4: Buyer Evaluating Pre-Sale vs. Resale
“Should I buy pre-sale to lock in a price and save money, or just buy something that already exists?”
“The 'lock in a price' logic works if the market rises — but it also locks you in if the market falls. With resale you know exactly what you're getting: completed unit, strata docs, no construction risk, no GST. With pre-sale you're taking on timeline risk, financing requalification risk, and the possibility the finished unit differs from the marketing materials. In a stable or rising market pre-sales can offer value. In an uncertain market I'd lean toward resale unless the price differential is substantial and your timeline is flexible. Let's compare the total cost of ownership of each option so you can make an informed decision.”
Script 5: Assignee Asking About Assignment Risks
“I found a great assignment deal — the assignor only wants $50,000 over their purchase price. Is there a catch?”
“There are a few things to check carefully. First, you'll need developer consent — and they'll charge an assignment fee on top. Second, confirm the original contract's completion date and extension rights — you could be waiting 2+ years. Third, you'll need to requalify for the full original purchase price with your lender, who will add the assignment profit to your financing need. And fourth, you still pay GST on the full unit price at completion — same as if you bought new. Make the offer conditional on developer consent and a full legal review of the contract.”
Script 6: Buyer After Project Cancellation
“The developer just cancelled the project. Do I lose my deposit?”
“No — your deposits are protected. Under BC's REDMA, pre-sale deposits must be held in trust and returned in full if the project is cancelled. Contact the developer in writing requesting your deposit refund, and if you don't receive it promptly, contact BCFSA and a real estate lawyer. The refund should include any interest earned on the trust funds, though this depends on your contract. The frustrating part is you've missed market opportunity — but your actual cash is safe.”
FAQ
What is a pre-sale condo assignment in BC?↓
A pre-sale assignment is the sale of a buyer's contractual right to purchase a pre-construction unit before the building completes. The original buyer (assignor) transfers their purchase contract to a new buyer (assignee), who then completes the purchase directly with the developer on the original completion date. The assignor receives a profit (or loss) on the contract value.
Do you pay GST on a pre-sale condo assignment in BC?↓
GST is complex for assignments. The original buyer may owe GST on the assignment profit (the spread between the original contract price and the assignment price). The assignee may owe GST on the full unit price at completion. CRA has specific rules for assignment sales — both parties should confirm their tax obligations with an accountant before completing an assignment.
Can a developer refuse an assignment in BC?↓
Yes. Most pre-sale contracts require developer consent for any assignment. Developers may charge an assignment fee (commonly $2,000–$10,000+), require the assignee to qualify financially, or refuse assignment entirely. Review the original purchase contract carefully for assignment clauses before advising a client to proceed.
What is the BC cooling-off period for pre-sale condos?↓
Under BC's Home Buyer Rescission Period (HBRP), buyers have 3 business days to rescind a purchase contract for most residential real estate. For pre-sales specifically, the Real Estate Development Marketing Act (REDMA) provides a 7-day rescission period after the buyer receives the disclosure statement. These protections give buyers time to review documents and seek legal advice before committing.
How are pre-sale deposits protected in BC?↓
Pre-sale deposits in BC must be held in trust under the Real Estate Development Marketing Act (REDMA). The developer cannot access the deposits until certain conditions are met (typically financing threshold and project completion). This protects buyers if the project is cancelled — deposits are returned. However, interest may not always be payable — confirm in the contract.
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