TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Home/Case Studies/Real Estate
№ 66 Case Study — Real Estate

A Low Appraisal Threatened Their Sale. They Held Firm, Then Bent

A retired Collingwood couple's buyer came back after a low appraisal asking for more time. Their firm agreement gave them leverage — the question was how much of it to use.

Real Estate6 min readCollingwood, OntarioFirm offer, low appraisal
All Real Estate case studies
ClientAbirami & Senthil, selling their family home in Collingwood to downsize
The issueBuyer's low mortgage appraisal threatened the closing of a firm sale
ServiceResidential real estate — seller representation, agreement amendment
ResolutionPartial win — a short paid extension kept both sales on track

The situation

Abirami and Senthil had lived in their Collingwood home for close to thirty years. Abirami had spent her career as an electrician, Senthil as a real estate agent, and between the two of them they understood the mechanics of a home sale better than most clients who came through the firm's door. When they decided to downsize into a smaller condo nearby, they listed the house, accepted an offer from a buyer named Cherise at a price of roughly $715,000, and did what experienced sellers often do: they negotiated a firm agreement, meaning Cherise waived the usual conditions, including the condition that lets a buyer walk away if financing does not come through.

A firm agreement of purchase and sale is binding on both sides from the moment it is signed. There is no financing condition to hide behind, no home inspection condition to renegotiate around, and no cooling-off period once the ink is dry. Abirami and Senthil liked that certainty — it let them turn around and make a firm offer of their own on the condo they wanted, with a closing date set to land nine days after their house was scheduled to close. The two transactions were meant to work like a relay, one closing feeding directly into the other, with the proceeds of the house sale covering most of the condo purchase price.

They had also decided, on Senthil's advice, not to build much of a buffer between the two dates. A longer gap would have meant carrying two properties at once, or renting somewhere in between while their furniture sat in storage. A tight nine-day gap felt efficient. It also meant there was very little slack anywhere in the plan if either transaction slipped.

When the appraisal came in low

About three weeks before closing, Senthil's old real estate instincts proved useful in the worst way. Cherise's lawyer called Abirami and Senthil's lawyer with news: the bank's appraisal on the house had come back at roughly $645,000, about $70,000 below the agreed purchase price. Lenders will not advance a mortgage against the price a buyer agreed to pay — they lend against the appraised value of the property as their own appraiser sees it. With the appraisal short, Cherise's approved mortgage amount had shrunk overnight, and she was suddenly short the difference in cash she would need to close.

Cherise's lawyer asked for a two-week extension to arrange the shortfall, either through additional savings, a gift from family, or a second source of financing. Nothing in the request suggested Cherise wanted out of the deal — she wanted time, not an exit. But the request put Abirami and Senthil in a genuinely difficult spot. Their firm agreement meant Cherise had no legal right to walk away for financing reasons, and in theory that gave the couple leverage to simply say no and insist on the original date. In practice, insisting on a date a buyer cannot meet does not make the money appear — it usually means a collapsed sale, a fight over the deposit, and the very real risk of losing the condo purchase that depended on this sale closing on schedule.

Senthil, drawing on years of watching deals wobble from the other side of the desk, was inclined to hold firm on principle. Abirami was more worried about the condo. Both instincts were reasonable, and both needed to be tested against what the law actually allowed and what enforcing it would realistically cost.

What we did

  1. Confirmed the legal position before any negotiation. Because Cherise had waived the financing condition, she remained contractually bound to close regardless of what her appraisal or her lender said. A low appraisal is the buyer's problem to solve, not grounds to cancel a firm deal. That gave Abirami and Senthil real leverage — but leverage is only useful if you understand what exercising it actually costs.
  2. Weighed holding firm against negotiating. Holding the original date and refusing any extension was legally available, but if Cherise genuinely could not close, the couple's options would have been to sue for damages, resell the property, and possibly lose their own condo closing in the meantime — all slower and more expensive than the problem it solved. We walked Abirami and Senthil through what enforcement would realistically look like versus what a short, well-compensated extension could achieve.
  3. Contacted the condo seller's lawyer early. Before agreeing to anything with Cherise, we confirmed whether Abirami and Senthil's own purchase could tolerate a matching delay. Their agent negotiated a short flexibility window on the condo side, which meant an extension on the house sale would not automatically blow up the second transaction.
  4. Negotiated compensation for the delay, not just time. We proposed a ten-day extension in exchange for two things: an additional deposit of $15,000, non-refundable and applied to the purchase price on closing, and per diem compensation of $150 for each day of the extension to offset the couple's carrying costs on a home they no longer wanted to keep paying to maintain. Cherise's lawyer agreed to both terms.
  5. Documented the amendment properly. A verbal understanding between agents is not enforceable. We prepared a written amendment to the agreement of purchase and sale setting out the new closing date, the additional deposit, and the per diem payment, signed by both sides, so that Abirami and Senthil's original remedies stayed fully intact if Cherise still could not close on the revised date.

The outcome

Cherise closed the gap by combining a family gift with a small increase to her insured mortgage, and the sale closed ten days later than originally planned. The extra $15,000 deposit and roughly $1,500 in per diem compensation did not erase the disruption to Abirami and Senthil's timeline, but it meant the delay cost them something less than nothing — a small net gain against the carrying costs of an empty house they were paying to heat and insure for an extra week and a half. Their condo purchase held, thanks to the short flexibility their agent had already secured on that side, and the two closings landed within days of each other rather than the deal collapsing into a dispute over deposits and damages.

It was not a clean win. Abirami and Senthil would have preferred to close on the original date, walk straight into their new condo, and be done with it. What they got instead was a workable compromise: certainty that the sale would still happen, compensation for the inconvenience of waiting, and a paper trail that protected them if the second date had also fallen through. That is usually what a good outcome looks like when a firm deal runs into a real problem on the other side — not a perfect result, but one both parties can live with and move on from.

Looking back, Senthil admitted the old real estate agent in him had wanted to hold the line purely on principle, deal collapse or not. What settled it was the arithmetic: the extension cost them ten days and gained them compensation, while forcing the issue risked months of delay, a resale process, and a lawsuit over damages that might never fully cover the gap between what the house was worth to them and what a forced resale would bring. A firm agreement gave them the standing to negotiate from strength. It did not, on its own, tell them how hard to push.

What you can learn from this

  • A firm agreement of purchase and sale means the buyer has waived conditions like financing — a low appraisal is not, on its own, a legal way for a buyer to walk away.
  • Holding a buyer strictly to a date they cannot meet often costs the seller more in time, legal expense, and risk than a short, compensated extension would.
  • If your sale and your next purchase are chained together on a tight timeline, check with the other side of your purchase before agreeing to any delay on your sale.
  • Any change to a closing date, deposit, or price needs to be captured in a written amendment signed by both parties — a verbal understanding between agents is not enforceable if things go wrong later.
  • Asking for compensation, such as a per diem or an additional non-refundable deposit, turns a delay from a pure loss into a negotiated trade-off for the inconvenience.
This case study is entirely fictional. It does not describe any real client, file, or matter handled by Treadstone Law, and it is not a real file with details changed. All names, people, properties, businesses, dollar amounts, dates, and events are invented, and any resemblance to a real person, business, or situation is coincidental. Fictional scenarios like this one illustrate the kinds of legal issues people in Ontario commonly face and how a lawyer can help. They are general information, not legal advice — no two matters unfold the same way, and nothing here predicts the outcome of any real case. Reading a case study does not create a lawyer-client relationship. If you are facing something similar, speak with a lawyer about your specific circumstances.

This is a real estate problem we handle

Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.

ContactStart a File →