Can I add a 'subject to lawyer review' condition in my Ontario offer?
You can request a condition allowing your lawyer to review the Agreement of Purchase and Sale and provide satisfactory advice before the deal becomes firm. Such a condition is sometimes called a "solicitor review" or "lawyer review" condition. If included, it gives you a set period — typically 2–5 business days — for your lawyer to review the APS and flag any concerns.
This type of condition is not as common in Ontario residential transactions as financing or home inspection conditions, and sellers may push back. However, for unusual properties, complex terms, or situations where you were not able to consult a lawyer before signing, it can provide important protection.
In practice, the better approach is to have a lawyer review the offer before you sign it — this is always possible, even in fast-moving markets. If your lawyer identifies problems at the review stage, you can negotiate changes before you are bound rather than relying on a post-signing condition. Even without a formal review condition, your real estate lawyer can be engaged from the start of the process.
Key takeaways
- A solicitor review condition gives your lawyer time to review the APS after acceptance.
- It provides a legal exit if your lawyer identifies unacceptable risks.
- Sellers may resist this condition, so use it for unusual situations.
- Ideally, have a lawyer review the offer before you sign rather than after.