Condition Waiver and Notice of Fulfillment

What is it?

When a conditional offer (an offer with conditions such as financing or a home inspection) is accepted, each condition must be cleared by the deadline in the agreement. The written documents used for this are the waiver and the notice of fulfillment.

A waiver says “I no longer require this condition.” A notice of fulfillment says “this condition has been met.” Either way the condition is cleared, and once every condition is cleared the deal is firm.

When people say they are “removing conditions” or “going firm”, this is the paperwork they mean.

Step by step

Do what the condition needs. Get the lender’s answer, read the inspection report or have your lawyer review the condo documents.
If you are satisfied, sign a waiver or a notice of fulfillment before the deadline. Which one you use depends on the condition clause in your agreement.
Your agent delivers the signed document to the other side. Under s. 22.10 of the TRESA regulation, an agent who receives a written waiver must pass it to their client as soon as possible, just like an offer.
Keep a record of the date and time it was sent. Once every condition is cleared, you cannot simply walk away.

What if the deadline passes?

The condition clause in your agreement decides. For example, if it says the deal ends when no written notice is given in time, the deal ends and the deposit is normally returned as the agreement says. Some clauses may be worded differently, so check yours with a lawyer.

If the two sides argue over the deposit, the brokerage can only release it with a release signed by both or a court order (RECO).

Watch out for

Saying “it’s fine” out loud is not a waiver. Send it in writing, before the deadline.
In a bidding war it is tempting to waive conditions quickly. RECO says to think twice before waiving conditions such as a home inspection.
If you clear one condition but another remains, the deal is still conditional.
If you need more time, both sides must agree to an extension in writing before the deadline passes. The other side can say no.

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.

TRESA General Regulation — Conveying offers and waiversO. Reg. 567/05 (General), s. 22.10 (1), (5)

A registrant shall convey any written offer received by the registrant to the registrant’s client as soon as possible after receiving the offer. … (5) Subsections (1) to (4) also apply, with necessary modifications, to, … (b) written assignments of agreements that relate to interests in real estate, written waivers of conditions in agreements that relate to interests in real estate, and any other written document directly related to a written agreement that relates to an interest in real estate.

In plain wordsIn plain words: an agent must pass any written offer to their client as soon as possible, and the same rule applies to written waivers of conditions and other written documents directly tied to the agreement.

Source: ontario.ca/laws/regulation/050567 · checked Nov 7, 2026

RECO — Waiving conditions in competing offersReal Estate Council of Ontario, “Buyer’s checklist” (Plan ahead)

When there are competing offers it can be tempting to waive your conditions (such as a home inspection). Think twice before doing this.

In plain wordsIn plain words: with competing offers you may want to waive conditions such as an inspection, but think twice first.

Source: reco.on.ca/consumers/information-for-buyers/buyers-checklist/ · checked Nov 7, 2026

RECO — When there is a dispute over the depositReal Estate Council of Ontario, “Consumer deposit insurance”

In the case of a dispute over ownership of a deposit, a brokerage can only disburse the deposit in accordance with the terms of a mutual consent and or release form signed by both the buyer and seller or by following instructions in a court order.

In plain wordsIn plain words: if a deal ends over a condition and the two sides argue over who gets the deposit, the brokerage can only pay it out under a release signed by both or a court order.

Source: reco.on.ca/consumers/consumer-deposit-insurance/ · checked Nov 7, 2026

Common questions

What is the difference between a waiver and a notice of fulfillment?

A waiver gives the condition up; a notice of fulfillment says it was met. Either way the condition is cleared. Which one you use depends on the condition clause in your agreement, so check with your agent and lawyer.

If I do not like the inspection report, can I just not send a waiver?

Yes, if the clause says the deal ends when no written notice is given in time. But wording differs between agreements, and using a condition as an excuse without checking in good faith can lead to a dispute. Talk to a lawyer.

What if I change my mind after sending a waiver?

If every condition is cleared and the deal is firm, you cannot simply walk away. If you fail to close a firm deal you can lose the deposit and be asked to pay damages, so check everything before you sign.

Guides that use this term

Sources checked

O. Reg. 567/05 (General, under TRESA), s. 22.10 — e-Laws · checked Nov 7, 2026
RECO, Buyer’s checklist · checked Nov 7, 2026
RECO, Consumer deposit insurance · checked Nov 7, 2026