If a seller verbally accepts my offer in Ontario, is there a binding deal?
In Ontario, real estate transactions must be in writing to be enforceable under the Statute of Frauds. A verbal acceptance of a real estate offer — no matter how clearly communicated — does not create a binding Agreement of Purchase and Sale. Until both parties have signed the written agreement and acceptance has been communicated, there is no enforceable contract.
This means a seller can change their mind after verbally agreeing to your offer, and you will have little legal recourse. The same applies in reverse: a buyer who verbally commits but then backs out before signing cannot be held to the deal.
In practice, real estate agents often communicate tentative verbal agreements during negotiations, but nothing is binding until the final signed document is in both parties' hands. Be cautious about interpreting a verbal "yes" as a done deal — continue to treat the transaction as in progress until you have the signed APS confirmed in writing.
Key takeaways
- Real estate agreements in Ontario must be in writing to be enforceable.
- A verbal acceptance creates no binding obligation on either party.
- Nothing is done until you have the signed APS and confirmed acceptance in hand.
- Be cautious about acting on verbal commitments before the signed document is delivered.