Can I accept more than one offer at the same time when selling my Ontario home?
No. In Ontario you can only enter into one binding Agreement of Purchase and Sale at a time. Once you sign back (counter-sign) one offer and the buyer's agent is notified of your acceptance, you have a binding contract. Accepting a second offer on top of a binding first deal would mean you have contracted to sell the same property twice, which is impossible to fulfill and exposes you to legal liability to the buyer you cannot deliver to.
During a multiple-offer situation you can receive as many offers as buyers submit, and you can sign back — counter — one offer at a time. If your counter is rejected or expires, you can counter a different offer. But once acceptance is communicated and the contract is formed, that process is over.
The timing of when a contract is formed matters: in Ontario a contract is formed when acceptance is communicated back to the buyer (or their agent) within the irrevocability period. If you are working through a multiple-offer situation, make sure your agent and lawyer understand the exact sequence and timing. Getting this wrong can leave you in breach of contract.
Key takeaways
- You can only have one binding APS on your property at a time
- Accepting two offers simultaneously is a breach of contract with one of the buyers
- A contract forms when acceptance is communicated within the irrevocability period
- In multiple-offer situations, counter offers sequentially and carefully