Do I get my deposit back if the deal falls through in Ontario?
Whether you get your deposit back when a deal falls through in Ontario depends on why and how it collapsed.
If the deal ended because a condition was not satisfied and you delivered proper written notice before the condition deadline, you are generally entitled to a full refund of your deposit. The brokerage holding the deposit in trust will release it once both parties agree, which should happen promptly in a clean conditional failure.
If the deal was firm (no conditions) and collapsed because the buyer failed to close, the seller is typically entitled to keep the deposit and may also sue the buyer for additional damages. If the deal fell through due to a seller's breach — for instance, the seller refused to close or was unable to provide clear title — the buyer would generally be entitled to the return of the deposit plus potentially additional damages from the seller.
If the parties dispute who is entitled to the deposit, it stays frozen in the brokerage trust account until they agree in writing or a court order is issued. Don't wait — consult a real estate lawyer as soon as a deal collapses to understand your rights.
Key takeaways
- Proper non-waiver on an unsatisfied condition entitles the buyer to a deposit refund.
- A buyer who fails to close a firm deal risks losing the deposit and facing a damages claim.
- A seller who fails to close may owe the buyer the deposit plus damages.
- Disputed deposits stay in trust until both parties agree or a court rules.