What is it?
The Agreement of Purchase and Sale (APS) is the contract the buyer and seller sign when a home is sold. Most resale home deals in Ontario use the standard forms published by the Ontario Real Estate Association (OREA): Form 100 for a house (detached, semi, townhouse) and Form 101 for a resale condo.
The same document does two jobs. When the buyer fills it in and signs it, it is the “offer”. When the seller signs it and returns it within the irrevocable time, it becomes the binding “contract” for both sides. No separate contract is written.
A contract to buy or sell land can only be enforced in court if it is in writing (Statute of Frauds). So every promise must be written into this document. A spoken promise is not part of the contract.
Which form is used?
| Situation | Form | Notes |
|---|---|---|
| Resale house (detached, semi, townhouse and so on) | OREA Form 100 | The most common form |
| Resale condo | OREA Form 101 | Different wording for the unit, parking, locker, common expenses and the status certificate |
| New house or condo from a builder | The builder’s own contract | Not a standard form: a long builder-written agreement with a Tarion addendum. Have a lawyer review it |
OREA revises the form numbers and wording. Check the form number and revision year printed at the bottom of the document you sign.
Page one: who, how much, when
- Parties (buyer, seller): the legal names of the buyer and seller. They must match the land registry and the ID.
- Real property: the address and legal description (lot and plan numbers).
- Purchase price: the amount, written in numbers and in words.
- Deposit: the amount, when it is paid (with the offer “herewith”, after acceptance “upon acceptance”, or as otherwise described) and who holds it (the deposit holder).
- Irrevocable: until when the side that made the offer cannot take it back. The other side must sign within this time.
- Completion date: the closing day, when the balance is paid and ownership transfers.
- Notices: where documents (fax, email) can be sent so they count as delivered.
Main clauses in the body (in order)
The standard form continues with pre-printed clauses. The names below are a general description; check the exact wording in the document you sign.
| Clause | In plain words |
|---|---|
| Chattels included / fixtures excluded | Movable items that come with the home (fridge, washer) and attached items the seller will take (for example a specific light fixture). Anything not listed can become a dispute. |
| Rental items | Equipment that is rented, such as a hot water tank. The buyer takes over the rental contract. |
| HST | Resale homes are usually not subject to HST, but the form shows whether HST is included in or added to the price. |
| Title search | The deadline (requisition date) by which the buyer’s lawyer checks ownership and can raise objections. The buyer’s intended use (future use) is also stated. |
| Title | The seller must deliver good title. If the buyer’s lawyer raises a valid objection in time, the seller fixes it or the deal can end. |
| Closing arrangements | Documents and money are exchanged between the lawyers through the electronic registration system. |
| Documents and discharge | The seller’s existing mortgage is paid off and discharged on closing. |
| Residency | If the seller is a non-resident of Canada, the buyer may have to withhold tax under the Income Tax Act. |
| Adjustments | Property tax, condo fees, rents and similar items are split as of the closing date. |
| Time limits | Every deadline in the contract must be met exactly (the “time shall be of the essence” principle). Changing a date needs written agreement from both sides. |
| Insurance | The seller carries the risk until closing; the buyer must have insurance from closing day. |
| Planning Act | The deal is only effective if the land-division rules in section 50 of the Planning Act are complied with. |
| Tender | If one side refuses to close, the other side can show it was ready with the money and documents, which proves the breach. |
| Family Law Act | A seller cannot sell a matrimonial home without the spouse’s consent, so the seller confirms they are not a spouse or that the spouse has consented. |
| UFFI | The seller confirms that, to their knowledge, the home has never had urea formaldehyde foam insulation. |
| Legal, accounting and environmental advice | The agents do not give legal, tax or environmental advice; the buyer must get their own professional advice. |
| Consumer reports | Notice that the seller may check the buyer’s credit report. |
| Agreement in writing | Only what is written in this document and its schedules is the contract. Spoken promises are not included. |
| Successors and assigns | The contract also binds each side’s heirs and successors. |
What is in the schedules?
After the pre-printed clauses comes Schedule A, where the terms that differ from deal to deal are written: conditions (financing, home inspection, status certificate review), deposit details, repair promises, the number of visits before closing and so on. How a condition is worded decides whether you get your deposit back, so this is the part to read most carefully.
Some brokerages attach their own extra schedule, for example on how deposits are handled or on electronic signatures. The number of schedules is stated on page one, so check that none is missing.
How is a condo (Form 101) different?
In the resale condo form you are buying a “unit”, so it records the unit number, whether a parking space and locker are included, and the monthly common expenses (condo fees). A condition letting the buyer’s lawyer review the status certificate issued by the condo corporation is normally added in Schedule A. The Condominium Authority of Ontario (CAO) also advises reviewing the status certificate with your lawyer.
A resale condo has no legal cooling-off period. Only when you buy a new condo from a developer can you cancel in writing within 10 days under the Condominium Act, counted from when you have received the signed agreement, the disclosure statement and the condo buyers’ guide.
Can it be signed electronically?
Yes. Ontario’s Electronic Commerce Act, 2000 says a document is not invalid only because it is electronic, and a requirement for a signature is satisfied by an electronic signature. The Act’s list of excluded documents (wills, powers of attorney and so on) does not include an agreement of purchase and sale. That is why most offers and agreements are now signed through e-signature software.
An electronic signature is just as binding as ink. Do not press “sign” until you have read everything.
What to watch out for
- Leave no blanks. If someone fills them in after you sign, it becomes a dispute. Strike out or write “N/A” in any box you do not use.
- Both sides initial every change. A change without initials may be treated as not agreed.
- List included items specifically, with model or location. “Appliances included” is not enough.
- Check that the closing date is a weekday and fits your moving date and mortgage approval. Changing it needs both sides’ written consent.
- If the seller is married or in a common-law relationship, your lawyer will check whether a spouse must sign a consent. A matrimonial home sold without the spouse’s consent can be set aside (Family Law Act s. 21).
- If there is no time to show the document to a lawyer before signing, you can add a lawyer-review condition with its own deadline.
Example
A couple agrees to buy a semi-detached house in Vaughan for $1,250,000. Page one of Form 100 shows the buyers’ and seller’s legal names, the address, the price, a $60,000 deposit (within 24 hours of acceptance, into the listing brokerage’s trust account), the irrevocable time and a closing 75 days later.
Chattels included: fridge, gas stove, dishwasher, washer and dryer, living-room curtains. Fixtures excluded: the dining-room chandelier. Rental items: one hot water tank. Schedule A adds a 5-business-day financing condition, a 5-business-day home inspection condition and two visits before closing. The buyers pay the deposit the day after the seller signs, and their lawyer checks title before the requisition date. The amounts and dates are only an illustration.
What the law and official sources say
Quotes are copied word for word. The "In plain words" lines are our explanation, not an official translation.
Information or a document to which this Act applies is not invalid or unenforceable by reason only of being in electronic form.In plain wordsA document is not invalid just because it is an electronic file instead of paper.
Source: ontario.ca/laws/statute/00e17 · checked Oct 30, 2026
Subject to subsections (3) and (4), a legal requirement that a document be signed is satisfied by an electronic signature.In plain wordsWhen a document must be signed, an electronic signature counts. An agreement of purchase and sale is not on the Act’s list of excluded documents (wills, powers of attorney and so on, s. 31).
Source: ontario.ca/laws/statute/00e17 · checked Oct 30, 2026
An agreement, conveyance, mortgage or charge made, or a power of appointment granted, assigned or exercised in contravention of this section or a predecessor thereof does not create or convey any interest in land, but this section does not affect an agreement entered into subject to the express condition contained therein that such agreement is to be effective only if the provisions of this section are complied with.In plain wordsA contract that breaks the land-division rules in section 50 does not transfer any interest in land. But a contract that says it is effective only if this section is complied with is not void. The Planning Act clause in the standard form is that condition.
Source: ontario.ca/laws/statute/90p13 · checked Oct 30, 2026
No spouse shall dispose of or encumber an interest in a matrimonial home unless, (a) the other spouse joins in the instrument or consents to the transaction; (b) the other spouse has released all rights under this Part by a separation agreement; (c) a court order has authorized the transaction or has released the property from the application of this Part; …In plain wordsA spouse cannot sell or mortgage a matrimonial home unless the other spouse signs or consents (or there is a separation agreement or court order). That is why the standard form has a Family Law Act clause.
Source: ontario.ca/laws/statute/90f03 · checked Oct 30, 2026
To rescind an agreement of purchase and sale under this section, a purchaser or the purchaser’s solicitor shall give a written notice of rescission to the declarant or to the declarant’s solicitor who must receive the notice within 10 days of the latest of, (a) the date that the purchaser receives the disclosure statement; (b) the date that the purchaser receives a copy of the applicable condominium guide under section 71.1; and (c) the date that the purchaser receives a copy of the agreement of purchase and sale executed by the declarant and the purchaser.In plain wordsA buyer of a new condo from a developer can cancel by written notice within 10 days of the latest of receiving the disclosure statement, the condo guide and the fully signed agreement. Resale condos have no such right.
Source: ontario.ca/laws/statute/98c19 · checked Oct 30, 2026
there are no rules in place (in legislation) outlining a set time (“cooling-off period”) of when you can cancel your purchase without penaltyIn plain wordsWhen you buy a resale condo there is no legal cooling-off period. Once your offer is accepted, you are bound.
Source: ontario.ca/page/what-know-before-buying-home · checked Oct 30, 2026
Common questions
Are the APS and the offer different documents?
No, they are the same document. When the buyer fills it in, signs it and sends it, it is called the offer. When the seller signs and returns it within the irrevocable time, that document becomes the Agreement of Purchase and Sale.
Do I have to use the standard form?
No law requires a specific form. But almost all resale deals in Ontario use the OREA standard forms, and lawyers and lenders know them well. When you buy from a builder, you sign the builder’s own contract instead.
Can we change the date or price after signing?
Yes, if both sides agree in writing, usually by signing a separate amendment. One side cannot change it alone, and every deadline in the contract must be met exactly.
What about promises that are not in the contract?
The standard form says that only what is written in the document and its schedules is the contract. Promises such as “we will fix the roof” or “we will leave the appliances” must be written into Schedule A.
Is an electronic signature valid?
Yes. The Electronic Commerce Act says an electronic signature satisfies a signature requirement, and an agreement of purchase and sale is not on the list of documents the Act excludes. It is as binding as ink.
Does a spouse who is not on title have to sign?
If the home is a matrimonial home, the Family Law Act (s. 21) requires the spouse’s consent even if only one spouse is on title. The seller’s lawyer confirms this, and the buyer’s lawyer checks it during the title search.
Guides that use this term
Sources checked
- Law Society of Ontario, The Annotated Residential Agreement of Purchase and Sale 2021 (table of contents naming OREA Form 100 and Form 101) · checked Oct 30, 2026
- OREA, Standard Forms page · checked Oct 30, 2026
- Statute of Frauds, R.S.O. 1990, c. S.19, s. 4 (e-Laws) · checked Oct 30, 2026
- Electronic Commerce Act, 2000, ss. 4, 11, 31 (e-Laws) · checked Oct 30, 2026
- Planning Act, s. 50 (21) (e-Laws) · checked Oct 30, 2026
- Family Law Act, s. 21 (e-Laws) · checked Oct 30, 2026
- Condominium Act, 1998, ss. 73, 76 (e-Laws) · checked Oct 30, 2026
- Government of Ontario, What to know before buying a home · checked Oct 30, 2026
- Condominium Authority of Ontario, Status certificate · checked Oct 30, 2026