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Real Estate

What can I do if a buyer backs out of a firm deal on my Ontario home?

TSL Written by the Treadstone Law team· Updated June 2026

Once conditions are waived and the deal is firm, the buyer is legally obligated to complete the purchase. If they back out without a valid legal reason, they are in breach of contract and you have several potential remedies under Ontario law.

First, you are generally entitled to keep the deposit as partial compensation. Whether the deposit alone covers your losses depends on the amount and your actual damages. If the deposit is not enough — for example, you relist and sell for less — you can pursue the buyer for the difference plus carrying costs (mortgage, utilities, taxes) incurred while the property sat unsold.

Alternatively, you could seek specific performance — a court order forcing the buyer to complete the purchase — though courts grant this selectively. The more common path is keeping the deposit and suing for any shortfall. Document your losses carefully from the moment the buyer defaults. Get legal advice immediately; the steps you take in the first days after a buyer's default can significantly affect your ability to recover.

Key takeaways

  • A firm deal is legally binding; a buyer who backs out is in breach
  • You can keep the deposit as partial compensation for your losses
  • You can sue for additional damages if you relist and sell for less
  • Act quickly and seek legal advice the moment a buyer defaults
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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