TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Real Estate/What is a vendor take-back…
Real Estate

What is a vendor take-back mortgage in Ontario and are there risks?

TSL Written by the Treadstone Law team· Updated June 2026

A vendor take-back mortgage (VTB) is an arrangement where the seller of a property loans a portion of the purchase price to the buyer instead of requiring full cash at closing. The seller effectively acts as a lender, and the amount is registered as a mortgage charge against the property — typically in second position behind the buyer's institutional first mortgage.

VTBs can help buyers who need extra financing to close a deal, especially in situations where a slightly larger down payment or bridge amount is needed. For sellers, a VTB can make a property easier to sell, provide a monthly income stream, and potentially offer tax advantages by spreading capital gains across the years the mortgage is repaid. The interest rate on a VTB is negotiated between the buyer and seller.

The risks for sellers are significant: if the buyer defaults, you become a lender and must pursue the property through legal proceedings to recover your money. As a second-position lender, you are behind the bank and may not recover fully if the property value has dropped. Buyers must disclose VTB arrangements to their primary lender, as some lenders prohibit them or factor them into qualification. Both parties need independent legal advice before signing a VTB agreement.

Key takeaways

  • A VTB is seller financing registered as a mortgage charge, usually in second position.
  • Sellers earn interest income but take on real default risk if the buyer stops paying.
  • Buyers must disclose VTBs to their primary lender — some lenders prohibit them.
  • Both parties should get independent legal advice before agreeing to a VTB.
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.
Was this helpful?Share:

Go deeper

Still have questions?

Search 2,500 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →