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A buyer in BC wants to assign their pre-sale contract for a new development condo to a third party. Which statement is correct?

Correct Answer

C) It needs the developer's prior consent, and the developer may forbid it

Under the Real Estate Development Marketing Act s. 20.3, a pre-sale purchase agreement for a strata lot must include a term prohibiting assignment without the developer's prior consent, unless the developer does not permit assignment at all. Before consenting, the developer must collect prescribed information about the parties, and under s. 20.4 it files that information with the Property Transfer Tax administrator.

Answer Options
A
Assignment of pre-sale contracts is prohibited under BC law to curb speculation in new condo projects
B
The buyer may freely assign without any restrictions, since a signed purchase contract is the buyer's property
C
It needs the developer's prior consent, and the developer may forbid it
D
Only the developer can initiate an assignment, because the developer still holds title to the unit

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Key Terms

REDMApre-sale assignmentdeveloper consents. 20.3assignment reporting
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