Making an offer on a house is one of the most consequential things you will do as a buyer — and one of the most misunderstood. Ontario's offer process is more formal and contract-heavy than many buyers expect. One misstep on a condition, the deposit timeline, or the irrevocable period can cost you thousands, or the deal entirely.

This guide covers everything you need to know about the purchase offer process in Ontario in 2026: the legal form you sign, every step from search to acceptance, which conditions to include (and which can be dangerous to skip), how deposits work, and what to expect in a multiple-offer situation. Updated for current TRESA rules and March 2026 market data.

What Is an Agreement of Purchase and Sale (APS) in Ontario?

In Ontario, every residential offer to purchase is written on the OREA Agreement of Purchase and Sale (APS) — a standardized form produced by the Ontario Real Estate Association. This is the legal document that, once signed by both parties, creates a binding contract for the sale of a home.

The APS covers:

Additional terms that don't fit the main form are added in a Schedule B — a supplementary schedule where your agent writes custom clauses specific to your deal. This is where detailed condition language, unique seller representations, or special arrangements are spelled out.

TRESA Update (December 2023): Under the Trust in Real Estate Services Act, your buyer's agent is now required to have you sign a Buyer Representation Agreement (BRA) before showing you any property. This formalizes the agency relationship and confirms how your agent will be compensated — an important change since October 2023, when buyer agent commissions shifted so that buyers are now responsible for negotiating their own agent's fee rather than it automatically flowing from the seller's listing commission.

Step-by-Step: How the Offer Process Works in Ontario

Here is how making an offer on a house in Ontario works from start to finish. Each step matters — skipping or rushing any one of them is where buyers get into trouble.

1
Sign a Buyer Representation Agreement

Before your agent books any showings, you must sign a BRA. This legally establishes your agent as your representative and outlines their compensation. Read it carefully — it specifies how much your agent earns and whether you owe anything if the listing agent doesn't offer a co-op commission.

2
Complete Your Due Diligence on the Property

Before drafting an offer, review the listing, visit in person, check the listing history (days on market, price reductions, previous sales), request the seller's disclosure if available, and talk to your agent about comparable sales. In a buyer's market you have time; in a hot listing, you may have hours.

3
Get Pre-Approved (Not Just Pre-Qualified)

A formal mortgage pre-approval from your lender strengthens your offer and confirms your actual purchase ceiling. Your lender will also help you understand how much deposit you need to have liquid within 24 hours of acceptance — this is cash or certified funds only.

4
Decide on Price, Conditions, and Closing Date

Work with your agent to determine your offer price based on comparables, the current market, and your strategy. Decide which conditions you need (financing, inspection, status cert), how long each condition period should be, and propose a closing date that works for both parties. All of this goes into the APS before it is presented.

5
Draft the Offer (APS + Schedules)

Your agent prepares the OREA APS and any schedules. You review every line — price, deposit amount, irrevocable date and time, condition dates, included chattels, and the closing date. You sign (electronically or in person). The offer is now ready to present.

6
Set the Irrevocable Period

The irrevocable clause specifies the date and time by which the seller must accept, reject, or counter your offer. Once your offer is submitted, you cannot withdraw it during this window — that is the legal meaning of irrevocable. Typical irrevocable periods are 24–48 hours, but your agent may set a shorter period strategically (e.g., same-day on an offer night).

7
Present and Negotiate

Your agent presents the offer to the listing agent (and sometimes directly to the seller in a presentation). The seller can: (a) accept as written, (b) reject it outright, or (c) counter-offer by crossing out terms, initialling changes, and returning a new irrevocable offer back to you. A counter becomes a brand-new offer — you are now the one deciding within the new irrevocable window.

8
Firm Up the Deal

Once both parties sign a fully accepted APS, you have a conditional deal. You then have until each condition deadline to waive or satisfy conditions. Once all conditions are waived, the deal is firm and binding. Your deposit must be delivered to the seller's brokerage trust account within 24 hours of acceptance.

Ready to Make an Offer? Let's Do It Right.

Jerold Morena represents buyers across the GTA and Durham Region. Call or text to discuss your strategy before you submit.

Call Jerold: (647) 291-3755

What Price Should You Offer? How to Decide in a Buyer's Market

In March 2026, the GTA's sale-to-list price ratio averaged approximately 97% — meaning homes are selling for roughly 3% below asking on average. In some segments, particularly the condo market and higher-price freehold, that gap is wider. This data tells you there is negotiating room right now, but sellers are still transacting.

Buyer's Market vs. Seller's Market Offer Strategy

In the current buyer's market, buyers can realistically offer 3–8% below asking, depending on days on market and comparable sales. A home listed at $899,000 that has sat for 30+ days with no price reduction is a different conversation than a fresh listing priced at fair market value.

In Durham Region freehold, where seller's market conditions still emerge for well-priced detached homes, offer nights (where the seller sets a specific date to review all offers) remain common — sometimes 1–2 days after listing. In those situations, offering below asking is unlikely to win.

Your agent should pull sold comparables (comps) within the last 60–90 days — same neighbourhood, similar size, similar condition. The comps are your anchor, not the asking price. Ask your agent for an automated home evaluation or use the tools at realtorjeroldmorena.pages.dev to get a starting data point.

What Else Affects Your Offer Price

Tip: In the current buyer's market, don't anchor your offer to the asking price. Anchor it to what comparable homes have actually sold for. Your agent can pull this data for free in minutes.

Conditions to Include in Your Offer (And Which to Never Skip)

A condition gives you a defined period to verify something before your deal becomes firm. If the condition is not met or waived by the deadline, either party can walk away (depending on how the condition is written — most are buyer-benefit conditions, meaning only the buyer can waive or void them).

Here are the most common offer conditions in Ontario, with typical timeframes:

Condition Typical Timeframe Purpose When to Include
Financing 3–5 business days Confirms your lender approves the specific property and finalizes the mortgage commitment Almost always — even with pre-approval, lenders must approve the property itself
Home Inspection 5–7 business days Allows a licensed home inspector to assess the property's condition and identify material defects Every resale purchase, especially older homes, detached, or semi-detached
Status Certificate (Condos) 10 business days Lawyer reviews condo corporation financials, reserve fund, special assessments, and rules Every condo purchase — non-negotiable
Sale of Buyer's Property Negotiated (often 30–60 days) Protects buyer if they need to sell their current home to fund the purchase When buying before selling; note — sellers often insert a 72-hour escape clause
Lawyer Review 2–3 business days Allows buyer's lawyer to review the APS for unusual or unfavourable terms Complex deals, new builds, or first-time buyers
Insurance 2–3 business days Confirms the property is insurable (matters for older homes, oil tanks, knob-and-tube wiring) Homes with known issues or age concerns

The Risk of Waiving Your Home Inspection

In competitive markets — or when buyers try to make a "cleaner" offer — the home inspection condition is frequently waived. This is one of the most consequential decisions a buyer can make. A qualified home inspector can identify foundation issues, aging HVAC systems, roof problems, and moisture damage that are not visible to the naked eye.

Without an inspection condition, you have no legal recourse if major defects are discovered after closing (unless you can prove the seller actively concealed them — a very high legal bar). If you are in a multiple-offer situation and feel pressure to waive the inspection, consider hiring an inspector to do a pre-offer walkthrough before offer night so you have some professional eyes on the property regardless.

In a 2026 buyer's market, there is almost no reason to waive your home inspection condition. Sellers need buyers more than buyers need any specific house. Protect yourself — keep the condition in.

The Deposit: How Much and When Does It Need to Be Paid?

The deposit is a show of good faith. It is not the down payment — it is a portion of funds submitted after acceptance that demonstrates you are a serious, committed buyer.

How Much Is the Deposit?

In Ontario, the standard deposit is 5% of the purchase price. On a $700,000 home, that is $35,000. On a $1.2 million home, that is $60,000. There is no legal minimum, but low deposits can signal lack of commitment to a seller — especially in a competitive situation. Some buyers in higher-end markets offer 10% to strengthen their offer.

When Is the Deposit Due?

The deposit is due within 24 hours of acceptance of the offer. This is not a business-day window — it is 24 clock hours. The funds must be in the form of a certified cheque, bank draft, or wire transfer. Personal cheques are generally not accepted. Make sure your funds are accessible before you submit an offer.

Where Does the Deposit Go?

The deposit is held in trust by the seller's brokerage — it is not given to the seller directly. It sits in a regulated trust account until closing, at which point it is applied to your purchase price. If the deal closes normally, the deposit counts toward your down payment. If you back out of a firm deal without legal cause, you risk losing the deposit entirely.

Important: If you void your offer because a legitimate condition was not met (e.g., financing fell through within the condition period), you get your deposit back in full. The condition is your protection.

What Happens After You Submit an Offer?

Once your offer is submitted to the listing agent, here is what can happen during the irrevocable period:

Scenario A: Offer Accepted As Written

The seller signs the offer without any changes. You now have a conditional deal (if you included conditions). Both parties receive a fully executed copy. You have 24 hours to deliver your deposit. You then work through your condition periods — booking your home inspector, confirming mortgage approval with your lender — and waive conditions before the deadlines pass.

Scenario B: Seller Counter-Offers

The seller crosses out specific terms (most commonly the price or closing date), initials the changes, and returns the offer to you with a new irrevocable deadline. This counter is now a brand-new offer — you are the one deciding within the new window. You can accept the counter, counter back again, or let it expire. Each round of changes creates a new legally binding offer document.

Scenario C: Offer Rejected or Ignored

The seller rejects the offer outright or simply does not respond before the irrevocable time passes. Your offer is no longer valid. No deposit is owed. You can resubmit a new offer, negotiate through your agent informally, or move on to the next property.

After the Deal Goes Firm

Once all conditions are waived in writing (your agent prepares a "waiver" or "notice of fulfillment of condition"), the deal is firm and binding. From here, your real estate lawyer takes the lead — conducting title searches, reviewing the transfer documents, coordinating with the lender, and preparing for the closing date. Make sure your lawyer is engaged early, ideally before you submit the offer.

Multiple Offer Situations: How to Win Without Overpaying

Even in a 2026 buyer's market, multiple-offer situations still occur on well-priced, well-presented homes — especially in Durham Region freehold. Here is how to navigate them strategically.

Understand the Offer Night Process

When a seller sets an offer date, they are asking all interested parties to submit their best offer by a specific time. Your agent will find out how many offers are registered (though agents cannot disclose the amounts of competing offers). You submit once — the seller reviews all offers simultaneously and picks the one that works best for them.

Strategies for Competing Effectively

Never submit a blind escalation clause without understanding the ceiling. Escalation clauses (where you agree to beat any competing offer by X dollars up to a maximum) can expose you to paying far more than you planned. Your agent must review this tactic carefully in the Ontario context, where sellers can play escalation clauses against each other in ways that are difficult to verify.

Common Offer Mistakes That Cost Ontario Buyers Money

These are the errors that come up most often — and most expensively — in the Ontario offer process.

For a complete breakdown of what to budget beyond your offer price, see the Ontario Closing Costs Guide — land transfer tax, legal fees, title insurance, and adjustments add up faster than most buyers expect.

First-time buyers should also read the First-Time Home Buyer Guide for Ontario for a full overview of the purchase process, FHSA accounts, and OHOSP rebates available in 2026.

If you are trying to time your purchase or understand whether this is the right moment to buy, the 2026 Ontario Buyer's Market Guide covers current conditions across the GTA and Durham Region in detail.

Get an Expert in Your Corner Before You Offer

Jerold Morena is a licensed REALTOR® with TFN Realty, representing buyers across the GTA, Durham Region, and surrounding areas. No pressure — just honest, informed guidance from offer to close.

Call or Text: (647) 291-3755

Frequently Asked Questions

Can I make an offer without a realtor in Ontario?
Yes — you can submit a private offer directly to a seller or their listing agent without representation. However, since the December 2023 TRESA reforms, if you do work with a buyer's agent, they must have you sign a Buyer Representation Agreement before showing you any property. Going unrepresented means no one is legally obligated to act in your best interest. The listing agent represents the seller and is not your advocate. For most buyers, independent representation is worth it — especially in negotiation.
What happens if the seller doesn't respond to my offer?
If the seller does not accept, reject, or counter your offer before the irrevocable period expires, the offer dies automatically — it is no longer valid and you have no obligation. No deposit is owed because none was submitted yet. You can choose to resubmit a new offer, or move on. Your agent may also try to reach the listing agent to determine whether the seller is genuinely not interested or simply needs more time.
Can I back out of an offer in Ontario?
During the irrevocable period, you legally cannot withdraw your offer — that is the meaning of irrevocable. Once an offer is accepted with conditions, you can exit the deal by failing or not waiving a condition (e.g., your financing condition is not met) before its deadline — you get your deposit back. Once a deal goes firm (all conditions waived, fully executed APS), backing out exposes you to serious legal consequences including forfeiture of your deposit and a potential lawsuit for damages from the seller.
How much deposit do I need to make an offer in Ontario?
There is no legislated minimum deposit, but the industry standard in Ontario is 5% of the purchase price. The deposit must be paid within 24 hours of offer acceptance in the form of certified funds (certified cheque, bank draft, or wire transfer) and is held in trust by the seller's brokerage. A higher deposit can strengthen your offer in a competitive situation — some buyers in higher-priced or multiple-offer situations offer 10%.
What is a Schedule B in an Ontario offer?
Schedule B is a supplementary schedule attached to the OREA APS that contains additional terms, conditions, and clauses that don't fit within the main form's standard fields. Your agent uses Schedule B to write the specific language for your financing condition (including lender and rate details), home inspection condition, or any custom arrangements — for example, that the seller will repair a specific defect before closing, or that certain items are included or excluded. Every significant condition should be clearly spelled out in Schedule B language.
How long does an offer take to close in Ontario?
The closing date is negotiated between buyer and seller and written into the APS — there is no fixed requirement. In Ontario, 30–90 days is the most common range. First-time buyers who need mortgage financing usually need at least 30 days for the lender to finalize the mortgage. Sellers who have already purchased elsewhere may want a shorter close. New construction and assignment deals can close much later — sometimes 12–24 months out. Make sure both your lawyer and your mortgage lender can meet your proposed closing date before you submit the offer.