Are my upgrade selections legally binding if I only agreed to them verbally with the builder's sales rep?

Verbal agreements with a builder's sales representative are very difficult to enforce in a new-construction transaction. Ontario courts generally require that changes to a real estate purchase agreement be in writing and signed by both parties to be enforceable. A sales rep's verbal promise — even if sincere — is typically not binding on the builder corporation.

Every upgrade, substitution, or addition you agree to should be documented in a signed addendum to your purchase agreement. Builders usually have a formal upgrade selection process, often conducted at a "design centre" appointment. Insist on receiving a signed copy of every selection sheet before you leave. Review it for accuracy and keep your copy with your purchase agreement.

Be cautious about relying on model-suite finishes, show-home representations, or floor plan renderings as a guarantee of what you will receive. Purchase agreements routinely include "as shown" exclusions or "subject to change" language that allows the builder to substitute comparable materials.

If you discover at PDI or after possession that agreed upgrades are missing or substituted, raise it immediately in writing and document everything. Your lawyer can advise on remedies if the builder has clearly failed to deliver what is contractually documented.