Regardless of the market, every
Canadian homebuyer must submit a formal offer to purchase a property.
Understanding this process is key to a smooth transaction, especially in a
competitive seller’s market where quick, decisive action is essential.
Here is your comprehensive guide to
getting your ducks in a row and making a winning real estate offer in Canada.
🔑 Step
1: Prepare for Making an Offer
Before you find the perfect property,
prepare your finances to ensure you can act fast and with confidence.
Secure Your
Finances: Down Payment & Deposit
You need funds for two distinct,
upfront amounts: the down payment and the deposit (also known as
earnest money).
The Deposit: This is cash offered with your offer to show
the seller you are serious about the purchase. A more substantial deposit can
be a huge advantage in a bidding war. It is held in trust and contributes to
your down payment upon closing. If you walk away from a firm deal, you
typically forfeit this amount.
The Down Payment: This is the lump sum paid at closing. In
Canada, minimum down payments vary based on the purchase price:
$500,000 or less: 5% minimum.
$500,000 to
$999,999: 5% of the first $\$500,000$ and 10%
of the remainder.
$1,000,000 or
more: 20% minimum.
Remember: A down payment under 20%
requires mortgage loan insurance (often called CMHC insurance).
Create a
Realistic Purchase Budget
While your bank gives you a
pre-qualified or pre-approved mortgage amount, your actual offer budget must be
lower. Use a spreadsheet to calculate all costs, including:
·
The deposit and
full down payment.
·
Closing costs
(legal fees, land transfer tax, etc.).
·
Any tax
implications from withdrawing funds (e.g., from an RRSP).
·
Estimated monthly
expenses (mortgage payments, property tax, insurance, utilities, condo/HOA
fees).
Knowing your maximum affordable
offer before you bid will prevent you from getting caught up in the
excitement and becoming "house poor."
🤝 Step 2: Determine Your Offer Strategy
This is where your real estate agent's
expertise is invaluable.
Get Mortgage
Pre-Approval
Unless you are paying cash, mortgage
pre-approval is non-negotiable. It helps you:
·
Know your
absolute spending limit.
·
Reassure the
seller that your financing is secured.
·
Lock in the
current interest rate for up to 120 days, protecting you from rate hikes.
Decide on an
Offer Amount
Your offer price should be based on a
blend of three things:
1. Fair Market Value: Ask your agent to conduct a Comparative
Market Analysis (CMA). This compares the property to similar, recently sold
homes in the area to help you gauge its true worth.
2. Current Market Conditions: In a buyer’s market, you have room to
negotiate below the asking price. In a seller’s market with multiple offers,
you may need to bid at or above asking to be competitive.
3. Your Budget: Never exceed the maximum offer you determined
in your purchase budget.
Consider a Second
Viewing
If you plan to bid, do a second
walkthrough at a different time of day. What seemed peaceful in the
morning might be loud or busy in the evening. This also allows you to evaluate
how the home will suit your needs for the next five years or more.
Timing Your Offer
In many Canadian markets, desirable
properties receive multiple offers within 24 to 48 hours. If you love a
property, there’s usually no reason to wait—acting quickly can be a
significant advantage.
📝 Step 3: Drafting the Legal Paperwork
Your real estate agent will prepare
the Real Estate Purchase Agreement, which is a legal document.
Before signing, make sure you understand every detail.
Required Details
for a Valid Offer
The offer document must include:
·
Your legal name,
the seller's name, and the property address.
·
The purchase
price and the amount of your deposit.
·
All inclusions
and exclusions (e.g., are the fridge and curtains staying?).
·
The desired
closing date (possession date).
·
The date your
offer expires (giving the seller a deadline).
·
Any conditions
that must be met (e.g., home inspection).
Firm vs.
Conditional Offers
The type of offer you submit can
dramatically affect its appeal to the seller:
|
Offer Type |
Description |
Seller Appeal |
Protection for Buyer |
|
|
Firm (Unconditional) |
The buyer is committed; there are no conditions. |
High - Seller can count on the sale
closing immediately. |
Low - Buyer cannot back out without
severe penalty (forfeiting the deposit and potentially being sued). |
|
|
Conditional |
The offer is valid only if specific terms are satisfied. |
Lower - The deal can still fall apart. |
High - Allows the buyer to rescind the
offer if a condition is not met. |
|
Common
Conditions:
·
Conditional
on Financing: Gives the buyer
time for their lender to approve the mortgage and a property appraisal.
·
Conditional
on Home Inspection: Allows the buyer
to hire a professional to check the structure, plumbing, and electrical
systems. If issues are found, the buyer can request repairs, a price reduction,
or back out.
Other Factors to
Strengthen Your Offer
Beyond the price, consider adding
value to make your offer more attractive:
·
Larger
Earnest Money Deposit: Signals
serious intent to purchase.
·
Possession
Date Flexibility: Accommodate the
seller’s preferred closing timeline.
·
Fewer
Contingencies: An offer with
fewer conditions is less risky for the seller.
🗣️ Step
4: Negotiations and Closing
Your initial offer sets the stage for
negotiations. Be prepared for the seller to accept, reject, or counter
your proposal.
·
Know Your
Limits: Have a clear bottom-line price and be
ready to walk away if the deal no longer makes financial sense.
·
Be
Responsive: Respond promptly
to any counteroffers to maintain momentum.
·
Consider
Non-Price Terms: Sometimes, a
flexible closing date or waiving a minor request can be more appealing to a
seller than a slightly higher price.
Once your offer is accepted and
all conditions are met, it becomes a binding contract. Your real
estate lawyer will take over to finalize the closing process, which
includes title transfer and the disbursement of funds.
Don't go it alone! Working with an
experienced Canadian real estate agent and a lawyer is the best way to
avoid potential pitfalls and ensure your best interests come first when
submitting your home purchase offer.
Would you like to search for an
experienced real estate agent or learn more about the difference between a
deposit and a down payment?