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Condo Developer Disclosure Statement in Ontario: What to Read

Given a condo disclosure statement in Ontario? See which parts to read closely, how the 10-day cooling-off period works, and when you can rescind.

Real Estate4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 13, 2026
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Key takeaways
  • A pre-construction condo purchase agreement is not binding until you have received both the disclosure statement and the Buyers' Guide.
  • You have a 10-day cooling-off period to rescind, and it starts once you have the agreement, the disclosure statement and the Condo Buyers' Guide.
  • A material change in the disclosure statement gives a separate right to rescind.

A disclosure statement can run to many pages, and it arrives alongside a purchase agreement you may feel pressure to sign. Knowing where to look makes the document far more useful.

This article explains why the disclosure statement matters in Ontario, which areas buyers typically focus on, and how your cancellation rights work. Have a lawyer review the full document, because what it says about your building is specific to that project.

Why the disclosure statement matters

The disclosure statement is the builder's description of the project you are buying into. A pre-construction condo purchase agreement is not binding until you have received both the disclosure statement and Ontario's Residential Condominium Buyers' Guide from the builder.

You can compare what the statement says with what the salesperson told you. If the two differ, the written document is what to raise with your lawyer.

The parts most buyers focus on

Typical permitted cancellation conditions include failing to sell enough units, being unable to secure project financing, and delays in getting building or planning approvals. A condition of a type the Addendum does not permit is unenforceable.

Your right to cancel

As a buyer of a new condo from a builder, you have a 10-day cooling-off period to rescind the agreement of purchase and sale under s. 73 of the Condominium Act, 1998. It starts once you have the purchase agreement, the disclosure statement and the Condo Buyers' Guide.

You may also rescind after a material change in the information in the disclosure statement. This is a separate right from the initial cooling-off period. Whether a particular change counts as material depends on the facts, so ask a lawyer promptly.

RightWhen it applies
Cooling-off period10 days, starting once you have the agreement, disclosure statement and Buyers' Guide
Rescission for material changeAfter a material change in the disclosure statement information, separate from cooling-off

Your money if you rescind

Money a builder receives, including deposits, must generally be held in trust. The interest rate of two per cent below the Bank of Canada bank rate still applies when you rescind during the cooling-off period or after a material change.

What to do next

Frequently asked questions

How long do I have to cancel after receiving the disclosure statement?

You have a 10-day cooling-off period, which starts once you have the purchase agreement, the disclosure statement and the Condo Buyers' Guide. Because timing matters, speak to a lawyer as soon as you receive the documents.

Can I cancel later if the project changes?

A buyer may rescind after a material change in the information in the disclosure statement. This is separate from the cooling-off period. Whether a change is material depends on the facts.

Is my agreement binding before I get the Buyers' Guide?

A pre-construction condo purchase agreement is not binding until you have received both the disclosure statement and Ontario's Residential Condominium Buyers' Guide from the builder.

Where is my deposit held?

Money a condo builder receives, including deposits, must generally be held in trust under the Condominium Act. If the builder does not refund a deposit, Tarion's deposit protection may apply.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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