Can a Buyer Walk Away From My House Sale Before Closing in Ontario?
No, a buyer generally cannot simply walk away from a signed agreement without consequences, but your options depend on your contract and the facts. If the buyer fails to close, your damages are measured as the difference between the agreed price and the price you get on a later resale.
Where you have a resale loss, the forfeited deposit is treated as part payment and deducted from the award. You must avoid losses you could reasonably have avoided, but you do not have to accept a lower offer from the buyer who defaulted. After a failed closing you can re-list the property.
Forcing the buyer to complete the purchase is harder. Money damages will often be enough for a seller, so you would need to show a fair, real and substantial justification and that the equities favour the order. If your agreement has a condition in the buyer's favour, a clause giving the buyer sole and absolute discretion is still read together with any duty to act in good faith and with due diligence. Because outcomes turn on the wording and the facts, have a lawyer review your agreement before you take next steps.
Key takeaways
- If a buyer fails to close, your damages are measured as the difference between the agreed price and the price you get on a later resale.
- Where you have a resale loss, the buyer's forfeited deposit is treated as part payment and deducted from the damages award.
- You can re-list after a failed closing, but you must avoid losses you could reasonably have avoided, and you need not accept a lower offer from the defaulting buyer.
- Forcing a buyer to close is harder, because you must show a fair, real and substantial justification and that the equities favour the order.