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On January 1, 2023 the government introduced a cooling off period for buyers, a home buyer protection period, that allows home buyers three business days to back out of an accepted offer.

Key Points about the home buyer rescission period:

  • The period will be effective January 1, 2023.
  • Buyers will have three business days following the accepted offer date to back out of a residential purchase agreement.
  • The period is mandatory and can’t be waived by the parties to the contract.
  • Buyers who back out of a contract within this three-day period will have to pay a rescission fee of 0.25% of the purchase price ($250 per $100,000)
  • The rescission fee is paid to the seller.

The home buyer rescission period applies to following property types:

  • Detached homes
  • Semi-detached homes
  • Townhouses
  • Apartments in a duplex or other multi-unit dwelling
  • Strata lots
  • Manufactured homes affixed to land
  • Co-operative interest that include right of use or occupation of dwelling.

There are a few types of properties...

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The Act prohibits individuals who are not Canadian citizens or permanent residents of Canada (collectively, “non-Canadians”) from directly or indirectly purchasing residential property in Canada for a period of two years, which includes purchases made through corporations, trusts, or other legal entities;
- Applies to residential property, which includes detached homes or similar buildings of one to three dwelling units as well as parts of buildings such as semi-detached houses, strata units, or other similar premises;
- Establishes penalties for non-compliance applicable to non-Canadians, as well as any person or entity knowingly assisting a non-Canadian in contravening the prohibition;
- Establishes that a contravention of the prohibition could result in a court-ordered sale of the residential property, which would result in the non-Canadian receiving no more than the purchase price paid for the property; and
- Sets out exemptions for certain classes of people such as: refugees, individuals who purchase residential property with their spouse or common-law partner (provided the spouse or common-law partner is eligible to purchase residential property), temporary residents in Canada who satisfy the prescribed conditions in the regulations, and other classes of persons set out in the regulations.
Full details on the regulations and exemptions can be found here.
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