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Subject to Financing Clause Explained: Why It Protects Home Buyers

Updated

The financing condition is the most important safety net in your offer to purchase. It gives you the right to walk away — with your full deposit — if your lender will not approve the mortgage on the specific property you are buying. Here is how it works and why it matters.

How the financing condition works

The timeline

StepDayWhat Happens
Offer accepted with financing conditionDay 0Clock starts. You and your agent have a set number of days to confirm financing.
Mortgage application submitted (if not already)Day 0–1Your broker or lender submits the formal application with the property details.
Lender orders appraisal (if required)Day 1–3Not all lenders require an appraisal — but if they do, it adds time.
Underwriter reviews fileDay 2–7Income verification, credit check, property review, GDS/TDS calculation.
Mortgage commitment issuedDay 3–8Lender issues a formal commitment letter with conditions (insurance, etc.).
Condition waived or deal cancelledDay 5–10You notify the seller that financing is confirmed (waive) or that it was declined (condition not met).

What the clause looks like in an offer

In Ontario (Agreement of Purchase and Sale), the financing condition typically reads:

This Offer is conditional upon the Buyer arranging, at the Buyer’s own expense, a first mortgage for not less than [amount] of the Purchase Price, bearing interest at a rate of no more than [rate]% per annum, calculated semi-annually not in advance, repayable in blended monthly payments of about [payment] including principal and interest, and to run for a term of not less than [term] years from the date of completion of this transaction. Unless the Buyer gives notice in writing delivered to the Seller by [date] that this condition is fulfilled, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without deduction.

In BC, it is called a “subject” rather than a “condition”:

Subject to the Buyer obtaining approval of the financing described herein, on or before [date]. This subject is for the sole benefit of the Buyer.

What happens if financing is declined

If Financing Is…What HappensYour Deposit
ApprovedYou waive the condition, deal becomes firmHeld in trust until closing
Declined within the condition periodYou notify seller in writing, deal is cancelledReturned to you in full
Declined AFTER you waived the conditionYou are legally obligated to closeAt risk — you may forfeit it
Still pending at condition deadlineYou can request an extension (seller must agree) or exercise the conditionReturned if you exercise

Critical point: The condition protects you ONLY if you exercise it before the deadline. If the deadline passes and you do nothing, the condition may be deemed waived depending on how the clause is written. Stay in close contact with your broker and agent as the deadline approaches.

Why financing gets declined after pre-approval

A pre-approval is not a guarantee. It confirms your income, credit, and debt ratios — but it does not account for the specific property. Common reasons financing is declined after pre-approval:

ReasonWhy It HappensHow to Prevent
Appraisal comes in lowLender says property is worth less than purchase price — they will not lend the full amountInclude appraisal as a concern when setting your condition period. Have backup funds to cover a shortfall.
Property issuesLender will not finance certain properties: grow-ops, flood zones, environmental contamination, unpermitted additionsAsk your agent about property history before offering.
Condo financial healthStatus certificate shows underfunded reserve, upcoming special assessments, or high investor ratioMake condition period long enough for status certificate review.
Borrower changesJob loss, new debt, or credit score drop between pre-approval and applicationFreeze your financial life between pre-approval and closing.
Zoning or title issuesProperty does not conform to zoning, or there are title defectsLawyer will uncover during title search.
Building type restrictionsSome lenders do not finance mobile homes, leasehold properties, or buildings with fewer than 4 units on a commercial floorConfirm lender eligibility for the property type before offering.

Typical condition periods by province

ProvinceCommon Financing Condition PeriodNotes
Ontario5 business daysStandard in most GTA and Ontario markets
British Columbia5–7 calendar daysCalled “subjects” — measured in calendar days in most cases
Alberta5–10 business daysVaries by market
Quebec5–10 business daysPromise to Purchase uses calendar days in some forms
Manitoba / Saskatchewan7–10 business daysSmaller markets often allow longer conditions
Atlantic provinces7–14 business daysLess competitive markets, more generous timelines

When sellers push back on the financing condition

In competitive markets, sellers prefer offers without conditions because they are cleaner and more certain to close. You may face:

Seller ResponseWhat It MeansYour Options
Accepts with conditionNormal situation — proceed with getting financing confirmedContinue as planned
Counters with shorter condition periodSeller wants faster certaintyDiscuss with your broker — can they commit to faster turnaround?
Requests no financing conditionSeller prefers firm offers onlySee “risks of waiving” below
Accepts a competing offer without conditionsYou lost the bidding warMake your next offer more competitive, or move on

The risks of waiving the financing condition

RiskConsequenceProbability
Appraisal comes in below purchase priceYou must find the shortfall in cash or renegotiate (seller may refuse)Moderate in bidding wars
Lender declines the property typeNo mortgage available — you must close with cash or defaultLow but devastating
Financial situation changes (job loss, credit issue)Cannot get any mortgageLow
If you cannot close after waivingForfeit deposit ($20K–$100K+), seller can sue for damages (price differential, carrying costs)

When some buyers choose to waive (with safeguards)

SafeguardHow It Protects You
Pre-approval + pre-reviewed by underwriterLender has already reviewed your full file, reducing decline risk
Pre-offer appraisal or comparable sales analysisConfirms property value before you offer
Cash reserves to cover any shortfallIf appraisal is $20K low, you can cover the gap
Backup financing from a second lenderIf lender A declines, lender B is already in progress
Pre-offer inspection (separate from financing)Removes the other major condition, making your offer competitive even with financing condition

Best practice: Rather than waiving the financing condition entirely, ask your broker to get a lender review of the property before your offer deadline. Some brokers can get conditional approval within 24–48 hours for straightforward files.

Financing condition vs. other conditions

ConditionPurposeWho It Protects
Financing conditionConfirms mortgage approval for the specific propertyBuyer
Inspection conditionAllows professional home inspection and repair negotiationBuyer
Status certificate condition (condos)Reviews condo corporation’s financial healthBuyer
Sale of buyer’s propertyGives buyer time to sell their current homeBuyer
Seller take-back mortgageSeller provides financing as part of the dealBoth

In most cases, financing and inspection are the two conditions you should always include. The status certificate condition is essential for any condo purchase.

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