Which conditions belong in an Ontario offer, how each one should be worded, and how each one ends: waived, fulfilled or expired.
⚖️ This is general information, not legal advice. It can't account for your specific situation. Use it to get oriented, then confirm the details with a licensed Ontario lawyer.
An Ontario offer becomes a binding agreement of purchase and sale the moment the seller accepts it before the irrevocable time. There is no cooling-off period for a resale home, so anything you need to check afterwards has to be written in as a condition before you sign. This checklist lists the conditions we see protect buyers most often, explains what each one is for, and shows the wording points that decide whether a condition actually lets you walk away with your deposit. Use it with your agent when the draft offer is being prepared, and send us the draft before it goes in.
How a condition works
A condition is a term of the agreement that lets one party end the deal if something does not happen by a deadline. In the common Ontario forms, a buyer's condition says that unless the buyer gives written notice by the deadline that the condition is fulfilled or waived, the agreement is at an end and the deposit is returned in full without deduction. Time is of the essence: a notice delivered an hour late is late.
Conditions can be drafted for the buyer's benefit alone, which means only the buyer can waive them. They can also be drafted objectively (the inspection reveals no defect costing more than a stated sum) or subjectively (an inspection satisfactory to the buyer in the buyer's sole and absolute discretion). Subjective wording gives you the most room; sellers in competitive markets push back on it.
Conditions for every buyer
- Financing condition: a pre-approval is a lender's estimate, not a commitment on this property. Ask for enough days to receive a written commitment after the appraisal.
- Home inspection condition: Ontario has no licensing regime for home inspectors in force as of September 2026, so the report is only as good as the inspector. The condition lets you act on what the report finds.
- Lawyer review condition: a short window for us to read the agreement, the schedules and the title before the deal is firm. It is the cheapest insurance in the offer.
- Insurance condition: some homes (older wiring, wood stoves, oil tanks, past claims) are hard to insure, and your lender will not close without a binder.
- Chattels, fixtures and rental items listed by name: appliances, window coverings, the hot water tank contract. Disputes at the walk-through almost always trace back to a vague list.
- A requisition date that leaves your lawyer enough time to search title and raise objections, and a closing date you can fund.
Conditions for condominiums
- Status certificate condition: the corporation must deliver the certificate within ten days of a paid request under the Condominium Act, 1998, s. 76. Give your lawyer several business days after receipt to review it.
- The condition should let you terminate if the certificate, or anything attached to it, is not satisfactory in your sole discretion; special assessments and reserve fund problems are the usual reasons.
- Parking and locker: confirm whether they are units, exclusive-use common elements or leased, because that changes what you own.
Conditions for rural and waterfront property
- Well condition covering both quantity (flow test) and quality (laboratory potability test), with the seller's cooperation for sampling.
- Septic condition allowing a qualified inspection, and access to any permits held by the municipality, health unit or conservation authority.
- Access condition confirming year-round legal access, whether by municipal road, registered right of way or road association agreement.
- Survey or title insurance condition, because shore road allowances, encroachments and unregistered rights of way are common at the water.
When you must sell your current home first
- Sale-of-buyer's-property condition: ends the deal if your home does not sell by a date. Sellers usually add an escape clause letting them accept another offer unless you waive within a short notice period.
- Bridge financing is the alternative when your sale closes after your purchase; it needs a firm sale agreement and lender approval, so leave time for both.
Wording that matters
- 'For the sole benefit of the buyer and may be waived at the buyer's sole option' keeps the choice with you.
- 'Satisfactory to the buyer in the buyer's sole and absolute discretion' avoids an argument about whether your reason was good enough.
- State the deadline as a calendar date and time, not 'five business days', unless the form defines business days.
- Say how notice is delivered: to the brokerage, by email to a named address, or to the lawyers.
- Do not rely on a verbal extension. Extending a deadline needs a signed amendment from both sides before the original deadline passes.
How each condition ends
Three things can happen at the deadline. You deliver a notice of fulfilment (the condition was met), you deliver a waiver (you give the condition up regardless), or you do nothing and the agreement ends. Some forms treat silence as termination; a few treat silence as waiver, which is dangerous. Read the form and diarise every date.
Once every condition is waived or fulfilled the agreement is firm. If you then cannot close, the seller can keep the deposit and sue for any loss on resale. That is why a financing condition should not be waived on the strength of a pre-approval alone.
How Treadstone Law can help
Conditions are not signs of weakness in an offer; they are the parts of the agreement that describe what you still need to know. We review draft offers before they are submitted and explain each clause in plain language.
Treadstone Law handles real estate matters on a transparent flat fee, with online intake and a real lawyer on your file, across Ontario.
- Start your file online at treadstonelaw.ca/start-file
- See flat-fee pricing at treadstonelaw.ca/pricing
- Learn more about our real estate services at treadstonelaw.ca/real-estate
- Or call us: 1-844-900-1070
This is not legal advice
This guide is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws 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.