How presale assignments actually work
Assigning a presale contract can be a useful strategy, but it comes with rules and costs that catch people out. Six things to understand first.
Point
What an assignment is
An assignment is the sale of your contract to buy a presale, before completion, to a new buyer. You are transferring your rights and obligations, not selling a finished home.
Point
Developer consent
Most presale contracts require the developer’s consent to assign, and some restrict it outright. Read your contract, because whether you can assign at all is set there.
Point
Assignment fees
Developers commonly charge an assignment fee, and there may be conditions attached. Factor those costs in before you assume an assignment will be profitable.
Point
Tax treatment
Profit on an assignment can be taxed as income, and GST and flipping-tax rules may apply. The tax picture on an assignment is often different from a normal resale, so get advice.
Point
Timing risk
Completion dates can move, and the market can shift between contract and completion. An assignment strategy that depends on rising prices carries real risk if the market cools.
Point
Get legal and tax advice
Because assignments sit at the intersection of contract, tax and GST rules, professional guidance is genuinely worth it here. The paperwork and the tax treatment are where mistakes get expensive.
The short version is that an assignment is a contract-and-tax transaction as much as a real-estate one, and the outcomes hinge on the specific presale contract, the developer’s policies and the current tax rules. Anyone considering one should read their contract carefully and get legal and tax advice before counting on it, rather than assuming an assignment will be simple or automatically profitable.
A final word of caution: an assignment lives at the crossroads of contract law, income tax and GST, and the details in your specific presale contract govern what is actually possible. This is general information, not legal or tax advice. Anyone weighing an assignment should read their contract closely, confirm the developer’s policy and current fees, and get legal and tax guidance before relying on the strategy — the paperwork and the tax treatment are exactly where unadvised sellers get caught.