- A seller's agent may hold offers to a set date and time only with the seller's specific written direction.
- If the presentation date or process changes, the agent must notify in writing everyone who has shown interest.
- A listing note saying the seller may view pre-emptive offers without notice is not sufficient.
- These RECO rules govern how agents handle offers, so have a lawyer review the offer you sign.
You find a home you like and the listing says offers will be reviewed on a certain day. You may wonder whether you can submit before that date, whether the seller is allowed to wait, and what protects you if the process changes.
In Ontario, the Real Estate Council of Ontario (RECO) has published guidance on how agents manage delayed and pre-emptive offers. This article explains what that guidance says in plain words and what it does not cover.
What an offer presentation date is
An offer presentation date is a day and time the seller has chosen to review offers together, often after a period of showings. The aim is usually to let several buyers compete at once. For buyers, it can feel like a waiting game, so it helps to know what the agent is supposed to do.
By default, the seller's agent must convey offers as soon as possible unless the seller directs otherwise in writing. Holding offers until a set date is therefore an exception that needs the seller's instruction.
When can a seller's agent hold offers?
RECO says a seller's agent may hold offers to a set date and time only with the seller's specific written direction. A general signed statement is not enough, and the seller can change the direction only by a new written direction.
- The direction must come from the seller in writing and be specific about the date and time.
- A general signed statement does not meet the standard.
- A change to the direction requires a new written direction from the seller.
- Without a direction, the default duty is to convey offers as soon as possible.
As a buyer you usually will not see the seller's direction. You can still ask your own agent to confirm that the seller's agent has one in place.
Early and pre-emptive offers
A pre-emptive offer is one made before the announced presentation date, usually with a short deadline designed to lock the property up. RECO's guidance says the seller's written direction should say how early or pre-emptive offers will be handled. A listing note that the seller may view pre-emptive offers without notice is not sufficient.
| Situation | What RECO guidance says |
|---|---|
| Seller wants to hold offers to a set date | Needs the seller's specific written direction |
| No written direction exists | Default duty is to convey offers as soon as possible |
| Seller wants to handle early offers a certain way | Direction should say how early or pre-emptive offers are handled |
| Listing note says pre-emptive offers may be viewed without notice | Not sufficient on its own |
| Date or process changes | Agent must notify in writing everyone who has shown interest and update listing notes |
So yes, you can generally ask your agent to submit an early offer. Whether the seller will look at it before the set date depends on what the seller has directed in writing, and that is a decision for the seller.
If the date or process changes
Plans change. A seller might move the date forward, accept an early offer or add a second round. RECO says the seller's agent must notify in writing everyone who has shown interest and update the listing notes. People who have shown interest include anyone who booked a showing, viewed the property, said they would offer, or submitted an offer.
This is why it is worth telling the listing side clearly that you are interested, and why you should keep any written notices you receive.
What to check before you submit
The RECO bulletins deal with how agents handle offers. They do not decide what your signed offer means once it is made, so the contract itself still needs careful review. Offers commonly list the names, price, inclusions, deposit, possession date, expiry date and conditions such as inspection and financing.
A pre-approval certificate does not replace final lender approval, which you must still get during the conditional offer period. If you are buying a condo, CMHC advises making a satisfactory status (estoppel) certificate a condition of the offer. A status certificate must be given within 10 days of the request and fee, and the corporation may charge up to $100 including taxes. Going without conditions to look more attractive carries real risk, so speak to a lawyer before you decide to do it.
What to do next
- Ask your agent whether the seller has given a specific written direction on the presentation date.
- Ask how early or pre-emptive offers will be handled.
- Let your agent know you are interested so they can follow the process with you.
- Confirm your financing with your lender before offering.
- Have a real estate lawyer review the offer before you sign.
- Keep copies of all messages and notices about the process.
Frequently asked questions
Can I submit an offer before the presentation date?
You can ask your agent to submit one. Whether the seller views it early depends on the seller's written direction, which should say how early or pre-emptive offers are handled.
Does the seller have to show me the written direction?
The guidance says the agent needs the seller's specific written direction to hold offers. It does not say buyers are entitled to see it, so ask your own agent to confirm it exists.
What if the date is moved and nobody tells me?
If the presentation date or process changes, the seller's agent must notify in writing everyone who has shown interest and update listing notes. If you did not hear, raise it with your agent and consider contacting a lawyer.
Do these RECO rules decide whether my signed offer can be withdrawn?
No. They cover how agents manage offers. What happens after you sign depends on the wording of your agreement, so have a lawyer review it.
Sources
- CMHC – Making an offer to purchase a home — cmhc-schl.gc.ca
- RECO – Bulletin 4.2 Managing a delayed offer presentation process — reco.on.ca
- RECO – Bulletin 4.3 Managing a pre-emptive offer — reco.on.ca
- Condominium Authority of Ontario – Status certificates — condoauthorityontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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