New Construction & Assignment Lawyer in Hamilton
Builder agreements in Hamilton are written to protect the builder — not you. Li Cheng Law reviews your pre-construction contract, handles occupancy and final closings, and advises on assignment sales before you sign anything.
9,000+ Residential closings
in Hamilton & area
Trustee of
Hamilton Law Association
New Construction Legal Services in Hamilton
Hamilton is experiencing significant new construction activity, from condominium towers in the downtown core and James Street North, to new townhome communities in Waterdown, Binbrook, and the Ancaster/Dundas corridor. Each new build purchase involves a complex legal process that is fundamentally different from buying a resale home.
Li Cheng, BA (Hons), JD is a Trustee of the Hamilton Law Association and Chair of its Real Estate Subcommittee, and he monitors changes in real estate law that directly affects Hamilton sellers and buyers and their transactions.
Builder agreement review (before you sign)
The most important legal step in any new construction purchase is having your lawyer review the purchase agreement before you sign it. Hamilton builder agreements are typically 50–100+ pages and contain clauses on price increases, delayed closing, development charges, HST, and occupancy fees that can significantly affect your final costs. The legislated cool off period (typically 10 days after you sign a contract) is your only opportunity to negotiage changes while being able to back out of a deal. We explain what you are agreeing to and flag clauses of concern.
10-day cooling off period (condos)
Under Ontario’s Condominium Act, new condo buyers have a 10-day statutory rescission period after signing — during which you can cancel for any reason. This window is your best opportunity to have a lawyer review the agreement, the disclosure statement, and the condominium’s draft declaration. We work quickly to ensure you have advice before the window closes. This period is your only opportunity to make changes and back out of the deal if you are not satisfied.
Occupancy closing coordination
When the builder invites you to take occupancy of your Hamilton unit, we review the occupancy closing documents, confirm the occupancy fee calculation, and ensure your interests are protected during the interim period. This can last from a few months to over a year before final registration.
Final closing and title registration
At final closing, the builder registers the condominium corporation and title transfers to you. We coordinate your mortgage funding, calculate final closing costs and register your title. The HST new housing rebate is also managed at this stage.
Assignment Sales in Hamilton
Hamilton’s pre-construction market has generated a significant assignment market — buyers who purchased units years ago and wish to sell their contract before closing. Whether you are the assignor (seller) or the assignee (buyer), Li Cheng Law provides expert advice on this complex transaction type.
Representing the Assignor
If you are selling your pre-construction contract, we review the builder’s assignment consent requirements, draft the assignment agreement and coordinate with the builder’s lawyer to obtain consent.
Representing the Assignee
If you are purchasing an assignment, we review both the original purchase agreement and the assignment agreement, and ensure you understand all outstanding conditions before you commit.
HST on Assignments
Assignment sales in Ontario have complex HST implications. We work with your tax advisor to make sure you understand the implications.
Important: Builder Consent Required
Most new construction contracts in Hamilton require builder consent before an assignment can proceed. Some builders prohibit assignments entirely; others charge consent fees of $5,000–$10,000 or more. We review your contract and advise on assignment rights before you enter into any assignment agreement.
What Real Estate Clients Say
Li Cheng Law earns 5-star reviews from home buyers and sellers, reflecting the firm’s commitment to responsive communication, clear legal advice, and efficient closings. Read more 5 star reviews.
Frequently Asked Questions — New Construction in Hamilton
Do I need a lawyer to buy a new construction home in Hamilton?
Yes. In Ontario, a real estate lawyer is required for both the occupancy closing and the final closing of a new construction purchase. Builder agreements in Hamilton are long, complex documents that strongly favour the builder — having a lawyer review your agreement before you sign is the most important step you can take to protect yourself.
What is an assignment sale in Hamilton?
An assignment sale is when the original purchaser of a pre-construction property sells their interest in the purchase contract to a new buyer before the building is complete. The assignor transfers their contractual rights to the assignee, who then completes the purchase with the builder.
What is the difference between an occupancy closing and a final closing?
The occupancy closing happens when the builder allows you to move in before the building receives final registration. During this period, you pay occupancy fees to the builder but do not yet own the unit. The final closing happens when the building is registered as a condominium corporation. At this point, title transfers to you, your mortgage funds are dispersed after registration of the mortgage, and you become the legal owner. Li Cheng Law handles both closings.
Is HST payable on a new construction home in Hamilton?
Yes. New construction homes in Ontario are subject to HST. For a primary residence, buyers typically qualify for the HST New Housing Rebate, which can significantly reduce the net HST payable. Builders often include the rebate in the purchase price, but this must be confirmed in your agreement. If you purchase as an investment property, different HST rules apply. We review the HST provisions in your builder agreement and advise on rebate eligibility.
What closing costs should I budget for on a new Hamilton build?
New construction closing costs in Hamilton often exceed those of resale purchases. In addition to standard legal fees and land transfer tax, new builds typically include: development charges (which can be $30,000–$80,000+ depending on the project and when charges were capped), utility connection fees, education development charges, and Tarion warranty enrollment fees. Your builder agreement will list these costs. We can review them with you before you sign or during your cool off period.
Buying a new build or assigning in Hamilton?
Have your builder agreement reviewed before you sign. It costs far less than what a missed clause can cost you later.
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