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Originally Posted by telyou
And what does a real estate lawyer have anything to do with income tax?
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When a person buys a property they are liable for the capital gains of the seller if the government doesn't get their cut.
Since the buyer's lawyer represents the buyers best interests; one of the jobs a lawyer does before/at closing is ensure the sellers taxes have been paid or will be paid (person has residence in Canada).
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Just because you clearly do not understand what type of transaction she's implying does not make it false.
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I didn't mean it was false. I just don't see how it can occur without another party doing something either not in their own best interests or a chargeable offense.
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"Many developers include in the agreement of purchase the right to “assign” this right to buy at a fixed price"
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Sure, assignments are fairly common. I've even done 1 myself. What is described isn't a normal assignment because there is no papertrail with the buyer's lawyer (who typically cuts cheques) or with the bank (who wants to know why customer buying a $200k unit needs $300k).
Also, normally in an assignment the original buyer is responsible for closing the contract if the new buyer backs out. If there is no papertrail of the transaction then the developer is waiving the right to enforce that.
All I can come up with is the buyer pays for the difference plus deposit in advance out of cash without taking a loan. It's not very often that a person can come up with a 30% to 50% downpayment months to years before the closing date.