- Once an Agreement of Purchase and Sale for a resale home is signed and accepted by both parties, it is binding in Ontario.
- A few things tend to create this misconception: - Confusion with new condo purchases.
- The Condominium Act, 1998 gives buyers a genuine 10-day cooling-off (rescission) right — but only for new condominium units purchased directly from a builder or developer.
Buyer’s remorse hits fast. You’ve signed the Agreement of Purchase and Sale, the excitement fades, and a nagging question arrives: can I just change my mind? For a typical Ontario resale home, the honest answer is a firm no — and understanding exactly why matters before you sign anything.
This confusion is understandable. Other provinces, and other kinds of property purchases, work differently, and it’s easy to assume Ontario resale buyers get the same protection.
This article sets out the short answer, why the confusion happens, and what actually protects a buyer in an Ontario resale deal.
The Short Answer: No General Cooling-Off Period
Once an Agreement of Purchase and Sale for a resale home is signed and accepted by both parties, it is binding in Ontario. Unlike British Columbia’s Home Buyer Rescission Period for resale homes, Ontario has no equivalent statutory right allowing a buyer — or a seller — to simply change their mind after signing a resale agreement.
Why People Think There Is One
A few things tend to create this misconception:
- Confusion with new condo purchases. Ontario does have a real rescission right, but it’s narrow and specific — see below.
- Confusion with negotiated conditions. Financing and inspection conditions in an APS feel like a built-in "out," but they’re negotiated contractual terms specific to your agreement, not a generic cooling-off right that exists automatically.
- Awareness of other provinces’ rules. News coverage of British Columbia’s Home Buyer Rescission Period leads some Ontario buyers to assume an equivalent right exists here. It doesn’t.
The One Real Exception: New Condominium Purchases
The Condominium Act, 1998 gives buyers a genuine 10-day cooling-off (rescission) right — but only for new condominium units purchased directly from a builder or developer. That period starts only once the buyer has received all of the following: the fully signed purchase agreement, the developer’s disclosure statement, and the Condominium Authority of Ontario’s Condo Buyer’s Guide.
This right does not extend to resale condos, assignment sales, or units bought through MLS. It applies specifically and only to a direct purchase from a builder or developer of a new unit.
Comparison Table
| Transaction type | Statutory cooling-off / rescission right? |
|---|---|
| Resale freehold home (MLS) | No |
| Resale condo unit (MLS) | No |
| New condo unit bought directly from a builder/developer | Yes — 10-day rescission under the Condominium Act, 1998 |
| Assignment sale of a pre-construction condo | No |
| Resale home in British Columbia (for comparison) | Yes — a separate provincial right that does not apply in Ontario |
What Actually Protects an Ontario Resale Buyer
Since there’s no automatic cooling-off period, your real protection in a resale deal comes from the conditions you negotiate into the Agreement of Purchase and Sale before you sign — for example, a financing condition, a home inspection condition, a status certificate review condition on a resale condo, a sale-of-buyer’s-property condition, or a lawyer-review condition. These give you a defined path to walk away if something doesn’t check out, but only if they were built into the agreement in the first place. Once conditions are satisfied or waived and the agreement becomes firm, its binding nature applies fully.
A firm, unconditional offer with no conditions at all can be attractive to a seller comparing multiple bids, but it also means the buyer has given up their built-in ability to walk away. Deciding how many conditions to include, and how much time to give yourself under each one, is a strategic decision worth making with your lawyer and realtor before you submit an offer — not something to work out after your offer has already been accepted.
Frequently asked questions
Can I back out of a resale purchase within a few days just because I changed my mind?
No. Once your Agreement of Purchase and Sale is firm and unconditional, there’s no general legal right to walk away simply because you’ve reconsidered. Your only outs are whatever specific conditions were negotiated into your agreement.
Does a real estate lawyer’s review count as a cooling-off period?
Not automatically. If your agreement includes a specific lawyer-review condition, that gives you a defined window to have a lawyer review the deal and potentially exit — but only if it was negotiated in beforehand. It isn’t a default statutory right that applies to every agreement.
Is the 10-day new condo rescission period the same as a general buyer’s-remorse right?
No. It’s a specific statutory right tied to new condominium purchases made directly from a builder, and it only starts once you’ve received the complete package of required documents. It isn’t a general right, and it doesn’t extend to resale condos or freehold homes.
What if my agreement doesn’t include any conditions at all?
Then you generally have very limited ability to exit once it’s signed and accepted. This is exactly why having a lawyer review an offer before you sign it matters — not after.
Does putting down a deposit give me any right to change my mind later?
No. A deposit is a sign of good faith toward completing the purchase, not a fee that buys you the right to walk away. Your ability to exit a firm agreement still depends entirely on the conditions, if any, that were built into it — a deposit doesn’t create a separate exit right on its own.
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