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Glossary
Buying

Agreement of Purchase and Sale (APS)

The legally binding contract between a buyer and seller that outlines all the terms of a real estate transaction. It covers the price, deposit, closing date, conditions, and what's included in the sale. In Ontario, the standard form is produced by OREA (Ontario Real Estate Association) and is the backbone of every deal.

Why It Matters

This is the single most important document in your home purchase. Every detail matters -- from the closing date to whether the dishwasher stays. Once both parties sign and conditions are waived, you're legally committed to the transaction.

Real-World Example

You find a 2-bed condo in Liberty Village listed at $649,000. Your agent prepares an APS offering $660,000 with a $25,000 deposit, a closing date 60 days out, and conditions for financing and a status certificate review. The seller signs back at $670,000 with a 45-day close. You accept the counteroffer, your conditions are met within five business days, and you waive them -- the deal is now firm and legally binding.

Ontario & GTA Context

Ontario uses the standard OREA Form 100 for freehold purchases and Form 101 for condos. Under TRESA, your agent must explain every clause before you sign. The APS must include FINTRAC compliance information, and any amendments after signing require a separate Amendment to Agreement form (OREA Form 120).

How It Works in Practice

Your agent drafts the APS, but your real estate lawyer should review it before you sign, especially the schedule clauses. Pay close attention to included chattels, the completion date, and any special conditions -- these are the details that prevent disputes at closing.

Common Questions

Can I change the Agreement of Purchase and Sale after signing?
Yes, both parties can agree to amendments using an Amendment to Agreement form. Common changes include extending the closing date or adjusting included chattels. Both buyer and seller must sign every amendment for it to be valid.
What happens if the seller backs out of the APS?
If the seller breaches a firm APS, the buyer can sue for specific performance (forcing the sale) or damages. The buyer may also be entitled to recover their deposit, legal fees, and any costs incurred. Consult a real estate lawyer immediately if this happens.
Is a verbal agreement to buy a house binding in Ontario?
No. Under Ontario's Statute of Frauds, real estate transactions must be in writing and signed by both parties to be enforceable. A handshake deal on a house has no legal standing.

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