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Offer to Purchase a Home in Canada: Complete Guide (2026)

Updated

Making an offer on a home is the most consequential legal step in the buying process. The Agreement of Purchase and Sale (APS) is a binding contract, and the terms you include — price, conditions, deposit, closing date — determine your rights, risks, and negotiating power. This guide covers exactly what goes into a Canadian offer, how to protect yourself, and what happens at each stage.

Anatomy of an Offer (Agreement of Purchase and Sale)

Section What It Contains
Parties Legal names of buyer(s) and seller(s)
Property Legal address, lot and plan number, land registry description
Purchase price Your offered price
Deposit Amount, when it is due, and who holds it in trust
Irrevocability How long the seller has to accept, reject, or counter your offer
Closing date The date title transfers and you get the keys
Conditions Financing, inspection, status certificate, sale of property — each with a deadline
Chattels included Moveable items included (appliances, window coverings, light fixtures)
Fixtures excluded Attached items the seller is taking (specific light fixtures, shelving, etc.)
Rental items Hot water tank, furnace, security system rentals that the buyer assumes
Additional terms Any negotiated terms (seller to do specific repairs, buyer to assume tenant leases, etc.)
Representations and warranties Seller warrants certain facts (e.g., no urea formaldehyde insulation, no knowledge of environmental issues)
Schedules Additional pages (Schedule A or B) with detailed clauses

Types of Offers

Type Definition When to Use
Conditional offer Includes conditions (financing, inspection, etc.) that must be met before the deal is firm Default for most transactions — protects you
Firm offer (no conditions) No conditions — the deal is binding immediately upon acceptance Competitive bidding wars only; carry significant risk
Pre-emptive (bully) offer Submitted before the seller’s scheduled offer date When you want to secure the property before competing offers come in
Multiple offers Seller receives more than one offer simultaneously Your agent advises on strategy; typically requires a stronger offer
Counter-offer Seller changes the terms and sends back their own offer for your acceptance Normal negotiation — can go back and forth
Back-up offer Your offer is accepted contingent on the first-place offer falling through Low-risk position; you may or may not get the property

Key Conditions Explained

Financing Condition

Detail Standard Practice
What it says “This offer is conditional upon the buyer arranging satisfactory financing”
Typical deadline 5–10 business days after acceptance
What you need to do Finalize mortgage approval with your lender within the deadline
If not met You notify the seller you cannot waive; deposit is returned; deal is void
If met You sign a waiver; the condition is removed; deal becomes firm on this point
Risk of waiving If your financing falls through after waiving, you are legally committed to close

Inspection Condition

Detail Standard Practice
What it says “This offer is conditional upon the buyer obtaining a satisfactory home inspection”
Typical deadline 5–7 business days after acceptance
What you need to do Schedule and complete a home inspection; review the report
If issues found Negotiate repairs, price reduction, or credit — or walk away
If satisfied Sign the waiver; condition removed
Tip Book the inspector before making the offer so they can inspect immediately upon acceptance

Status Certificate Condition (Condos)

Detail Standard Practice
What it says “This offer is conditional upon the buyer’s lawyer reviewing the status certificate and finding it satisfactory”
Typical deadline 5–10 business days
What the lawyer reviews Reserve fund study, financial statements, meeting minutes, bylaws, rules, insurance certificate, any pending litigation or special assessments
Red flags Low reserve fund, upcoming special assessment, active litigation, rental restrictions

Sale of Buyer’s Property Condition

Detail Standard Practice
What it says “This offer is conditional upon the buyer selling their existing property”
Typical deadline 30–90 days (negotiated)
How it works If you don’t sell within the deadline, you can walk away
Seller’s escape clause Many sellers include a 48–72 hour “escape clause” — if they receive another offer, they give you 48–72 hours to waive the condition or lose the deal
Strong alternative Obtain a bridge loan or sell first to avoid this condition (sellers dislike it)

The Deposit

Aspect Details
Typical amount 1–5% of purchase price
When due Typically within 24 hours of acceptance (certified cheque or bank draft)
Held by Listing brokerage’s trust account or seller’s lawyer
Applied at closing Applied against the purchase price
If deal completes Part of your total payment
If you walk away (conditions not met) Returned in full
If you walk away (conditions waived / firm offer) Seller may keep the deposit as liquidated damages; may also sue for additional losses

Deposit Strategy

Market Conditions Recommended Deposit Why
Buyer’s market (low competition) 1–2% Lower risk; less cash tied up
Balanced market 2–3% Shows seriousness without overcommitting
Seller’s market (high competition) 5%+ Demonstrates strong commitment; makes your offer stand out
Multiple competing offers 5%+ Standard in bidding wars; anything less looks weak

Closing Date Strategy

Factor Guidance
Standard closing 30–90 days from acceptance
Seller’s preferred closing Ask the listing agent — matching the seller’s preferred date can win you the deal
Short closing (15–30 days) Aggressive — may appeal to motivated sellers; hard to arrange financing and inspections
Long closing (90–120 days) Gives you time; seller may prefer if they haven’t bought their next home
Closing day of the week Avoid Fridays (if anything goes wrong, offices are closed for the weekend). Tuesday–Thursday is ideal
Closing near month-end More closings happening = busier lawyers and lenders = higher risk of delay

Offer Strategy for Different Scenarios

Buyer’s Market (More Supply Than Demand)

Strategy Details
Offer below asking 5–10% below asking is reasonable starting point
Include all conditions Protect yourself — no pressure to remove them
Longer irrevocability Give the seller more time to consider
Negotiate inclusions Ask for appliances, window coverings, or other chattels
Ask for closing cost credit Seller may agree to contribute $2,000–$5,000 toward your closing costs

Seller’s Market / Multiple Offers

Strategy Details
Offer at or above asking Data-driven — base your price on recent comparable sales, not the asking price
Minimize conditions Pre-approval letter + pre-offer inspection = you can submit with fewer conditions
Larger deposit 5%+ signals commitment
Flexible closing date Match the seller’s preference
Clean offer Simple language; no unusual requests
Escalation clause (use with caution) “I will beat the highest offer by $X up to a maximum of $Y” — not used everywhere; some sellers’ agents don’t accept them

Pre-Emptive (Bully) Offer

Aspect Details
When to use Before the seller’s scheduled offer date; when you believe the property is underpriced or will receive many offers
Typical strategy Strong price (above asking), large deposit, fewer conditions, seller’s preferred closing date
Risk Overpaying because you haven’t seen competing offers
Seller’s options Accept, reject, or ignore your offer and wait for offer night

After the Offer Is Accepted

Step Timeline Action
1. Deposit Within 24 hours Deliver certified cheque or bank draft to the trust holder
2. Mortgage application Immediately Submit formal application if not already done; provide APS to lender
3. Home inspection Within 3–5 days Schedule and complete; review report
4. Appraisal Lender-ordered (1–2 weeks) Lender sends appraiser to confirm property value supports the mortgage
5. Condition waiver/fulfilment By each condition deadline Sign waiver forms through your agent
6. Lawyer engagement Immediately Share APS with your real estate lawyer; they begin title search
7. Insurance Before closing Arrange home insurance — lender requires proof before funding the mortgage
8. Final walkthrough Day of or day before closing Verify the property is in the agreed condition; all included chattels are present
9. Signing with lawyer 1–5 days before closing Sign mortgage and transfer documents; provide closing funds
10. Closing day Closing date Lawyer registers transfer; funds are released; you get the keys

Provincial Differences

Province Offer / Contract Name Key Differences
Ontario Agreement of Purchase and Sale (OREA form) Standard form used by most agents; very detailed conditions schedule
BC Contract of Purchase and Sale 3-day rescission period (0.25% penalty); subjects (conditions) are standard
Alberta Residential Purchase Contract (AREA form) Simpler form; no land transfer tax; conditions commonly included
Quebec Promise to Purchase / Offer to Purchase Notary-based system; different legal framework under Civil Code; French may be required under Bill 96
Manitoba Offer to Purchase (MREA form) Standard form; similar to Ontario process
Saskatchewan Offer to Purchase Similar to Alberta
Atlantic provinces Agreement of Purchase and Sale Standard across NB, NS, PEI, NL; processes similar to Ontario

Common Offer Mistakes

Mistake Consequence Prevention
Waiving all conditions in a bidding war No protection if financing falls through or major defects found Do a pre-offer inspection; get a firm pre-approval
Not including specific chattels in writing Seller takes the dishwasher, curtains, or shed you expected to keep List every item you expect included in the APS
Setting condition deadlines too short Not enough time to arrange inspection or financing 5–10 business days is standard — don’t go below 3
Offering based on asking price, not comparables Overpaying or underbidding Always review recent sold prices in the neighbourhood
No lawyer before submitting the offer Missed legal issues in the APS Have a lawyer on standby before making any offer
Submitting without pre-approval Financing condition may not be met; waste of everyone’s time Get pre-approved before house shopping
Missing the irrevocability deadline Offer expires before seller responds Set a reasonable window (12–24 hours typically)
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