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Deposits, from the Buyer's Side

How much, when it is due, what it actually secures, and what happens to it if you walk away.

3 min read · Guide

The deposit is the part of an offer that makes it credible. It is not a fee, it is not extra, and it is not the down payment. It is your down payment arriving early and becoming very hard to get back.

How much

Around five per cent of the purchase price is the common expectation in the GTA, though it is entirely negotiable. A larger deposit is one of the few ways to strengthen an offer without raising the price, because it is the clearest possible signal that you intend to close.

When

Typically within twenty-four hours of acceptance, by bank draft or wire to the listing brokerage. Some offers say "upon acceptance", which means effectively immediately. Have the funds liquid and accessible before you write an offer. A deposit you cannot deliver on time puts you in breach on day one.

What happens if you walk

Your condition is not satisfied

You give notice within the condition period and the deal ends. Both parties sign a mutual release and the deposit comes back to you. This is what conditions are for and it is a clean, normal outcome.

You simply change your mind

You forfeit the deposit, and that may not be the end of it. A seller who resells for less can pursue you for the difference. Ontario has no cooling-off period on resale homes.

The part that surprises people

Even when you are plainly entitled to your deposit back, the brokerage can only release it on the written agreement of both parties or a court order. A seller who refuses to sign a mutual release can leave your money sitting in trust for months. It is rare, and it is worth knowing before you assume a returned deposit is automatic.

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