Why Assignments Are Risky and Should Be a Last Resort
When it comes to buying pre-construction real estate in Ontario, many buyers are drawn to the potential of flipping their agreements for a quick profit through an assignment. While assigning your pre-construction unit might seem like an appealing strategy, it comes with significant risks and challenges that often outweigh the potential rewards. In this blog post, we’ll explore why assignments should never be your primary plan, the pitfalls of relying on this strategy, and why buying and holding your unit is almost always the better choice.
What Is an Assignment in Real Estate?
An assignment is the sale of a pre-construction purchase agreement before the property is completed and transferred to the buyer. Instead of selling the physical property, you’re selling your contractual rights to purchase the property to another buyer. Assignments can be a useful tool for investors who need to exit a project for unforeseen reasons, but they are fraught with complications and limitations.
Assignments Should Never Be Your “Plan A” in Pre-Construction Real Estate
1. The Saturated Assignment Market
The current real estate market in Ontario is flooded with assignment listings. This oversaturation makes it incredibly challenging to find a buyer willing to pay a premium for your unit. Many investors who planned to assign their units are finding themselves stuck, unable to sell their contracts without taking a financial loss.
For example, some buyers who entered pre-construction contracts during peak market conditions are now facing the reality of declining demand. These individuals are resorting to walking away from their deposits, sometimes hundreds of thousands of dollars, just to avoid closing on a property they can no longer afford. Others are accepting significant financial losses to offload their contracts quickly. These distressed sellers are your competition in the assignment market, making it even harder to achieve a profitable sale.
2. Assignments Are Complicated and Costly
Assignments aren’t as simple as listing a resale property. Here are just a few reasons why they can be complicated and expensive:
Developer Approval: Most developers must approve the assignment, and they often charge fees for this process. These fees can range from a few thousand dollars to tens of thousands, significantly cutting into your profits.
Shorter Closing Periods: Assignments typically come with shorter closing timelines, meaning the buyer who takes over your contract will need to secure financing and be ready to close quickly. This shorter window isn’t ideal for most buyers and often leads them to demand a discount on your asking price to justify the inconvenience.
HST and Taxes: If you’re assigning your unit, you may be responsible for paying HST on your profits. Additionally, your profits are considered taxable income and could be subject to capital gains or business income tax, further reducing your net earnings.
Buyer Liability for Closing Costs: The buyer who purchases your assignment will be responsible for significant closing costs, including land transfer taxes, legal fees, and development charges. These additional expenses weigh heavily on the buyer’s decision-making and will likely influence their willingness to pay your asking price.
3. Resale Values Are Higher Than Assignment Prices
One of the most compelling reasons to avoid relying on assignments is that completed properties almost always sell for more than assignments. Buyers in the resale market are willing to pay a premium for a finished, move-in-ready home, whereas assignment buyers often expect a discount because they’re taking on more risk.
By holding your preconstruction property until it’s completed, you stand to benefit from higher resale values. Even if your initial plan was to flip the contract, waiting until after closing could result in significantly better returns.
4. Market Conditions Can Change
Pre-construction projects often take years to complete, and market conditions can change dramatically in that time. An assignment strategy relies on strong demand and rising property values, but if the market softens or interest rates rise, you may find it difficult to sell your contract at a profit.
Recent trends in Ontario’s real estate market, including cooling prices in some segments and higher borrowing costs, highlight the dangers of banking on short-term gains. If the market shifts against you, an assignment could leave you in a precarious financial position.
5. Your Assignment Might Not Sell at All
The harsh reality is that some assignments simply don’t sell. If you’re unable to find a buyer, you’ll still be on the hook for closing on the property. This can create financial strain if you’ve stretched yourself thin with the expectation of flipping the contract.
The Advantages of a Buy-and-Hold Strategy
Instead of viewing preconstruction as a short-term investment, approach it as a long-term opportunity. Here’s why buying and holding is a smarter strategy:
1. Build Wealth Over Time
Real estate is one of the most reliable ways to build wealth, but it requires patience. By holding your preconstruction property, you can benefit from long-term appreciation, rental income, and the stability that comes with owning a tangible asset.
2. Avoid the Stress of Assignments
When you commit to holding your property, you eliminate the stress and uncertainty of trying to assign your contract. Instead of worrying about finding a buyer, you can focus on preparing for closing and enjoying the benefits of ownership.
3. Maximize Your Returns
As mentioned earlier, completed properties tend to sell for more than assignments. Even if you eventually decide to sell your unit, waiting until after closing can result in significantly higher profits.
4. Ride Out Market Fluctuations
One of the greatest advantages of a buy-and-hold strategy is that you don’t need to worry about timing the market. Recessions, market corrections, and temporary downturns become less significant because you’re not planning to sell during those periods. By holding your property through the highs and lows, you can avoid the stress of short-term market volatility and sell only when it makes the most sense for you. This long-term approach allows you to focus on the bigger picture and avoid making hasty, emotional decisions.
When Is an Assignment Justified?
While assignments should never be your Plan A, there are situations where they might make sense. These include:
Unexpected Life Changes: If you experience a significant life event, such as a job relocation, divorce, or financial hardship, an assignment might be the best way to exit the contract.
Market Windfalls: In rare cases, a rapidly appreciating market might create an opportunity to assign your unit at a substantial profit. However, this is the exception, not the rule.
Tips for Success in Preconstruction Real Estate
If you’re considering investing in preconstruction, here are some tips to set yourself up for success:
Do Your Homework: Research the developer, location, and project thoroughly to ensure it aligns with your long-term goals.
Plan for Closing: Always assume you will need to close on the property. Make sure you have the financial resources to secure a mortgage and cover closing costs.
Think Long-Term: Approach pre-construction as a long-term investment rather than a quick flip. The greatest rewards often come with time.
Work with a Professional: A knowledgeable real estate agent can help you navigate the complexities of preconstruction and ensure you make informed decisions.
Conclusion: Play the Long Game
While the idea of flipping a pre-construction contract through an assignment might seem enticing, it’s a risky and often unprofitable strategy in today’s market. The saturated assignment market, higher resale values, and the unpredictability of real estate trends all make assignments a poor choice as your primary plan.
Instead, focus on buying and holding your pre-construction property. By taking a long-term approach, you can build wealth, maximize your returns, and enjoy the many benefits of real estate ownership. Remember, real estate is a marathon, not a sprint, and the rewards are well worth the patience.