Experiencing misgivings is a normal part of the home buying process. However, buyers who walk away from a deal after a formal agreement to purchase has been reached can lose their deposit. Aside from potentially losing the deposit, buyers who get cold feet could also face potential legal action from the seller. As well as legal action from the brokerage representing them.
1. What is it
Fortunately for real estate buyers in Ontario, one notable exception is made under Section 73 of Ontario’s Condominium Act. This exception gives buyers of pre-construction condos a mandatory 10-day “cooling-off” period. During this period buyers are allowed to cancel the agreement with no legal or financial ramifications.
This 10-day cancellation window does not extend to resale purchases made on MLS. Buyers are allowed to sever the agreement for any reason, from a change of heart to concerns about finances or the neighbourhood. It helps that the reasons do not need to be publicly disclosed.
2. Put it in Writing
To take advantage of this mandatory cooling-off period, the buyer of the pre-construction condo should provide written notice that he intends to cancel the Agreement of Purchase and Sale. The builder or their attorney needs to receive this within 10 days of the date the buyer received the disclosure statement, or signed the Agreement of Purchase and Sale (whichever was received later).
To minimize headaches and ensure a smooth cancellation, buyers should consider hiring a real estate attorney to guide them throughout the process.
For Full Video Click HERE