Mark, an investor, enters into an Agreement of Purchase and Sale for a new build townhouse in Oshawa. The agreement does not explicitly state that it can be assigned. Before closing, Mark attempts to assign his rights and obligations under the APS to another buyer, Sarah. Which of the following is true regarding this assignment?

Question: Mark, an investor, enters into an Agreement of Purchase and Sale for a new build townhouse in Oshawa. The agreement does not explicitly state that it can be assigned. Before closing, Mark attempts to assign his rights and obligations under the APS to another buyer, Sarah. Which of the following is true regarding this assignment?

Answer options:

• Mark can freely assign the APS unless the contract expressly forbids it. ✅ Assignment is only possible with the express written consent of the builder.
• The assignment is void because it was not included in the original APS.
• Mark must obtain a court order to assign the APS without builder consent.

Correct answer: Assignment is only possible with the express written consent of the builder.

Explanation: For an assignment of an Agreement of Purchase and Sale for a new build condominium or townhouse to be valid, the written consent of the builder is generally required, as per most builder's agreements and common practice in new construction.