To sell a condo assignment without MLS in Ontario, an agent must first obtain the builder's written consent (required by most purchase agreements), then market the unit through private networks, targeted outreach to qualified buyers already in the agent's database, and paid digital advertising that does not publicly name the project — all while complying with TRESA, RECO guidelines, and FINTRAC obligations. Skipping any of those steps can void the assignment and cost the assignor their entire deposit.
What does "no public advertising" actually mean in a builder's assignment clause?
Most pre-construction purchase agreements signed between 2020 and 2022 contain an assignment clause that prohibits the original purchaser from advertising the unit publicly without the builder's prior written consent. In practice, that typically bars a listing on MLS/REALTOR.ca, public social media posts that name the project, and signage — but it does not automatically prohibit private, non-public marketing. Read the exact clause word by word, because "public advertising" and "assignment" are defined differently across builders and projects.
Before doing anything else, pull the original agreement of purchase and sale and locate every section that mentions assignment, advertising, and consent. If the language is ambiguous, the assignor's real estate lawyer needs to interpret it — not the agent. We are not in a position to give legal advice, and neither are you: direct your client to counsel before a single marketing step is taken.
Some builders will grant written consent readily, particularly when the unit is a resale that reduces their exposure on closing. Others charge a fee — sometimes a flat amount, sometimes a percentage of the uplift — and a few refuse outright. Knowing which situation you are in before you promise a client a sale timeline is essential.
How do you market a condo assignment without MLS when the builder has not given consent?
When a builder has not yet granted written consent to advertise publicly, an agent can still reach qualified buyers through completely private channels: their existing buyer database, brokerage-to-brokerage outreach, and private buyer groups that require registration before viewing any listing details. The key distinction is that none of these communications constitute a public advertisement — they go to identified, opt-in contacts, not the general public.
Here is what a compliant private-channel approach looks like in practice:
- Your own buyer database. Reach out individually to buyers in your CRM who have expressed interest in the building, the neighbourhood, or comparable units. These are people who have already given you permission to contact them. A purpose-built real estate CRM makes it straightforward to filter by unit type, budget, and pre-construction interest so you are not blasting irrelevant contacts.
- Brokerage network outreach. Contact agents at other brokerages directly. A brief, factual email to agents whose buyer clients might be a fit is not a public advertisement — it is professional co-operation. Keep the message factual and avoid any language that could be read as a public solicitation.
- Private buyer registration pages. A password-protected or gated property page — one that requires a user to register before seeing project details — is generally considered private rather than public, though you should confirm that interpretation with your brokerage and, if needed, with RECO before using it. A dedicated property website can be configured this way.
- Targeted digital advertising with no project identification. Some agents run ads that describe the unit attributes (size, bedrooms, price range, general area) without naming the specific project. Whether this satisfies a "no public advertising" clause is a legal question the client's lawyer must answer. Do not make that call yourself.
Confirm every step with your brokerage compliance team and the client's lawyer before acting. RECO expects agents to understand their obligations under TRESA, and "the builder didn't say I couldn't" is not a defence if the contract says otherwise. For a full picture of how TRESA's latest changes affect your day-to-day obligations, see our post on TRESA Phase 3 changes Ontario agents need to know.
What paperwork does an assignment sale require, and who signs what?
An Ontario condo assignment sale requires, at minimum, four documents: the original agreement of purchase and sale (which transfers with the assignment), a signed assignment agreement between the assignor and assignee, the builder's written consent to assign (if required by the contract), and an amendment or acknowledgement from the builder accepting the new purchaser. The assignee also steps into all remaining obligations — including closing costs, occupancy fees, and development charges — so they need to review the original contract in full before signing anything.
Beyond the core paperwork, agents need to think through several practical details:
- HST implications. Assignment sales have specific HST treatment in Ontario. The assignor and assignee each have potential HST exposure depending on their circumstances. This is a question for an accountant or tax lawyer — flag it early so it does not kill the deal at closing.
- Deposit transfer. The assignor's deposits held by the builder typically transfer to the assignee, but the mechanics vary. Confirm how the builder handles deposit acknowledgement in writing.
- Commission structure. Both the listing brokerage and the co-operating brokerage must be identified, and their compensation must flow through the brokerages — never as a side payment to an unlicensed party. See our overview of who pays the buyer's agent in Canada for context on how compensation structures work.
- FINTRAC obligations. An assignment is a real estate transaction. Identity verification, beneficial ownership, and suspicious transaction reporting obligations apply in full. Our FINTRAC compliance checklist for Canadian agents covers what you need to have on file.
How do you price an assignment when there are no comparable MLS sales?
Pricing a condo assignment without MLS comparables means working from three inputs: the assignor's total sunk cost (deposit plus any upgrades), current new-build pricing from the builder's own price list for similar suites, and any recent assignment sales you can source through brokerage networks or private databases. The assignor's cost is a floor, not a ceiling — the market sets the number, and in a softened pre-con market, that number may be below what the client paid.
When standard comparables are thin or absent, the approach is similar to any low-comp situation. Our guide on doing a CMA with no comparable sales in Canada walks through a defensible methodology you can adapt for assignment pricing. Document your reasoning clearly; if the assignor's lawyer or accountant questions the valuation later, you want a paper trail.
One more practical note: if the market value sits below the assignor's purchase price, have that conversation directly and early. Clients who purchased at peak 2021–2022 prices may be facing a loss. How you frame that conversation matters — our post on what to tell sellers when the forecast keeps dropping offers language that is honest without being unnecessarily alarming.
What should the listing write-up and any private marketing materials say?
Any written description of an assignment — whether in a private email, a registration page, or a document shared with another agent — should be factual, accurate, and free of claims you cannot support. That means no inflated projections about rental income, no representations about the builder's occupancy timeline that you haven't confirmed in writing, and no statements about the unit's features that aren't in the original agreement or on the builder's spec sheet.
Good private marketing copy describes what the buyer is actually getting: the suite size, floor, exposure, included finishes, estimated occupancy date, assignment fee (if any), and the total purchase price. Keep it precise. If you want a framework for writing compelling but accurate property descriptions, our post on writing listing descriptions that sell applies even in a private-channel context.
Finally, remember that every communication you send — email, text, or social — is a professional record. Anything that could be read as a misrepresentation is a RECO complaint waiting to happen. When in doubt about whether a specific tactic complies with your assignment clause, your brokerage's advertising policies, or RECO's rules, stop and ask before you send. Confirm the specifics of your situation with your brokerage manager and your client's lawyer before acting on anything in this post — the rules interact in ways that are fact-specific to each contract.