Can I add conditions to my offer after it has already been accepted in Ontario?
No. Once both parties have signed the Agreement of Purchase and Sale and any irrevocability or counter-offer period has resolved into a binding contract, you cannot unilaterally add new conditions. Conditions must be negotiated and included in the offer before acceptance — they are part of what each party agreed to.
To change any term of an existing binding APS — including adding new terms — both the buyer and seller must agree in writing through a formal amendment to the agreement. If a seller is unwilling to amend, you are bound by the existing terms.
This is why it is important to think through all the conditions you need before submitting your offer. Common oversights include forgetting to include a financing condition when relying on a mortgage, or failing to include a home inspection condition when the property's age warrants one. Discuss your due diligence needs with your real estate lawyer before signing, not after.
Key takeaways
- You cannot add conditions after the APS is binding — conditions must be in the original offer.
- Both parties must agree in writing to any amendment to the existing contract.
- Think through all your conditions before submitting the offer.
- Your lawyer should review your condition list before you sign.