Is making an offer on a new build different from a resale home in Ontario?

Yes, the offer process for new construction in Ontario is significantly different from resale. When you buy from a builder, you sign the builder's own Agreement of Purchase and Sale — not the standard OREA form used in resale transactions. Builder contracts are lengthy, heavily weighted in the builder's favour, and often contain provisions that would never appear in a resale offer, such as rights for the builder to change unit specifications, adjust closing dates multiple times, and charge certain additional costs at closing.

In Ontario, builders of new freehold homes and condominiums must be enrolled with Tarion (Ontario's new home warranty program). New freehold homes also carry a statutory 10-day cooling-off period during which you can rescind the agreement without penalty — something resale transactions do not provide. New condominiums have their own rescission period under the Condominium Act.

Because builder contracts are complex and one-sided, having a real estate lawyer review the agreement before you sign is especially important — not after. Changes are rarely possible once the contract is signed.