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BC Real Estate Q&A

Can foreign buyers buy presales in BC?

Last reviewed by Bronson Job PREC, REALTOR®Sources: Government of Canada, CMHCCC BY 4.0How we verify

Direct answer

Generally NO — but there are nuances. The federal Prohibition on the Purchase of Residential Property by Non-Canadians Act applies to "purchases" of residential property and includes signing a presale (off-plan) Contract of Purchase and Sale. So a non-Canadian who has not yet entered into a binding presale contract as of January 1, 2023 cannot enter into one for a covered property in a CMA/CA today. However: (1) presale contracts that were SIGNED before January 1, 2023 and that complete in 2026 are NOT affected by the Act — the prohibition is on entering a NEW purchase contract, not on completing an existing one. (2) Assignments of presale contracts are caught by the Act if the assignee is non-Canadian, since an assignment is itself a purchase. (3) Non-Canadians who qualify for an exemption (international students, certain work-permit holders, refugees, Canadian-citizen spouses) may sign new presale contracts. (4) BC's 20% Foreign Buyer Additional PTT still applies separately on completion to non-Canadians who close the purchase, even on pre-Ban presale contracts in Specified Areas. Always verify status as of the assignment OR completion date with a real-estate lawyer; the penalty for breach is up to $10,000 plus a court-ordered no-profit sale.

Primary sources

Backed by Fact Bank entries

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Bronson Job PREC, REALTOR®
Bronson Job PRECREALTOR® · GVR Member #6015742 · FVREB Member #FJOBBR