Sell Without An Agent · Homeowners
A conditional offer means the sale is agreed but not yet firm. Understanding what each condition requires, when it expires, and what your responsibilities are during the period is how sellers protect themselves between acceptance and close.
How do I manage offer conditions as a home seller?
When you accept a conditional offer, note every condition and its exact deadline in writing. Respond quickly to any inspection or access requests. Keep your lawyer informed throughout. Once the buyer waives all conditions in writing before the deadlines, the sale is firm and the deposit is due. If a condition is not waived by the deadline, the deal ends and you can relist. Do not assume silence is a waiver.
01 The Basics
When a buyer submits an offer with conditions and you accept it, you have a conditionally accepted sale. Both parties are committed to the transaction under those terms, but the deal is not final. The buyer has the right to walk away, with their deposit returned, if any condition is not satisfied by its deadline.
The conditions period is not passive for sellers. You need to understand what each condition requires, track every deadline, maintain the property, and respond promptly to any access requests. Sellers who are unresponsive or obstructive during conditions create grounds for the buyer to claim material interference with the transaction.
In competitive markets, some buyers submit firm offers with no conditions to stand out. A firm offer means no conditions period, which is attractive to sellers. The trade-off is that the buyer accepts full risk from the moment of acceptance. Review the offer structure with your lawyer before deciding how to evaluate firm versus conditional offers. For a full explanation of what is in a purchase offer, see our guide to reading a purchase agreement.
02 Condition Types
Each condition has its own deadline, its own implications, and a different level of risk for sellers. Know which ones are in your accepted offer before the conditions period begins.
Financing condition Typical period: 5 to 10 business days
The buyer must secure mortgage approval within the condition period. If they cannot, they can terminate and receive their deposit back. This is the most common condition in Canadian residential transactions. Risk to sellers: the property comes off active status while the buyer arranges financing. If financing falls through, you relist. The buyer’s pre-approval does not guarantee the final mortgage approval, particularly if the property appraises below the purchase price.
Home inspection condition Typical period: 5 to 7 business days
The buyer arranges a home inspection and reviews the report. If they find issues they are not comfortable with, they can terminate. This is standard and reasonable. Your role is to provide prompt access for the inspector at a mutually agreed time. Do not refuse or delay access. An inspector typically takes two to four hours. Sellers do not need to be present but should be available afterward if the buyer wants to discuss findings.
Sale of buyer’s property condition Typical period: 30 to 60 days
The buyer must sell their existing home before they can complete the purchase of yours. This is the highest-risk condition for sellers because it depends on a separate, uncontrolled transaction. Many sellers negotiate a shorter period, a higher deposit, or an escape clause when accepting this condition. An escape clause allows you to continue showing the property and give the original buyer a limited time to waive or walk if a better offer arrives.
Condo document review condition Typical period: 5 to 10 business days
For condominium and strata properties, buyers have the right to review the corporation’s documents: meeting minutes, financial statements, reserve fund study, bylaws, and rules. This condition is standard in Alberta and BC condo sales. As a seller, have your condo documents ready before listing. Delays in document provision extend the condition period and create unnecessary tension with buyers. Your condo corporation or property manager provides the document package.
03 Your Responsibilities
The conditions period runs from the acceptance date to the last condition deadline. Your job during this time is to keep the transaction on track without interference.
Track every deadline in writing from day one
When you accept the offer, write down every condition and its exact expiry date and time. Conditions in Canadian purchase contracts are expressed in business days from the acceptance date. Know exactly when each one expires. Bōde’s offer management system shows condition deadlines in your transaction dashboard.
Provide access promptly and without friction
If the buyer requests a home inspection or a walkthrough, coordinate quickly. Delays or refusals signal problems to buyers and their agents, even if no problem exists. Keep the property clean and in the same condition it was when the offer was accepted. You have a legal obligation to maintain the property through to closing.
Keep your lawyer informed throughout
Your lawyer reviewed the offer when you accepted it. They need to know if anything unexpected happens during the conditions period: a missed deadline, a renegotiation request, a dispute about access, or a buyer communication that concerns you. Legal fees are paid directly to your lawyer. Bōde’s Pro Marketplace connects sellers with vetted real estate lawyers in Alberta, BC, and Ontario.
Know when to expect the deposit
Once the buyer waives all conditions in writing, the sale is firm. The deposit is due by the deadline stated in the purchase contract, typically within one to three business days of conditions being waived. If the deposit does not arrive by the deadline, contact your lawyer immediately. A missed deposit deadline is a breach of contract and gives you legal options including relisting the property.
04 When It Does Not Go Through
If the buyer notifies you before the condition deadline that a condition cannot be satisfied, the conditional sale ends. For standard financing, inspection, and document conditions, the buyer’s deposit is returned. You can relist immediately. This outcome is frustrating but clean: you are back to square one with no legal entanglement.
The situation that catches sellers off guard is a missed deadline with no communication. If a condition deadline passes and you have received neither a written waiver nor a written termination, do not assume the condition was waived. Contact your lawyer immediately. The legal position at that point is not always straightforward and acting without advice can create problems.
If you included an escape clause in the accepted offer, a failed condition may not be the end of the transaction. An escape clause allows you to continue showing the property during the conditions period and give the original buyer a set window (commonly 24 to 72 hours) to waive their conditions if a second offer arrives. If they cannot waive, you can proceed with the new offer. Not all conditional offers include this clause. Negotiate for it when accepting a long or high-risk condition.
Common Questions
A conditional offer includes one or more conditions that must be satisfied before the sale becomes binding. A firm offer has no conditions. The buyer accepts full risk from the moment of acceptance and cannot walk away without legal consequences. Firm offers are common in competitive markets where buyers waive conditions to make their offer stand out. As a seller, a firm offer removes uncertainty and the conditions period, but understand that the buyer has taken on significant risk by making it.
Once the buyer waives all conditions in writing before the deadlines, the sale becomes firm and legally binding. The buyer must pay the deposit by the deadline in the contract (typically within one to three business days of the waiver). From that point forward, neither party can walk away without legal consequences. Your lawyer begins preparing closing documentation.
Only if your accepted offer includes an escape clause. Without one, you generally cannot accept a new offer while the first conditional offer is in place. With an escape clause, you can continue to show the property. If a second offer arrives, you notify the original buyer, who then has a set window (typically 24 to 72 hours) to waive their conditions or you can proceed with the new offer. Negotiate an escape clause at the offer stage, not after acceptance.
The buyer notifies you before the condition deadline that their financing was not approved. The conditional sale ends, the deposit is returned to the buyer, and you relist the property. This is a clean outcome with no legal entanglement as long as the buyer notifies you properly and on time. If you suspect the buyer is using a financing condition as a pretext to exit after the deadline has passed, contact your lawyer before taking any action.
Yes. Sellers can counter with conditions of their own, though this is less common. A seller might counter with a condition requiring confirmation of the buyer’s pre-approval, or with a shorter condition period than the buyer proposed. Any counter-offer replaces the buyer’s offer, so if the buyer does not accept the counter, you are back to square one. Your lawyer reviews any counter-offer terms before you sign.
Do not assume silence means the conditions were waived. The legal position when a condition deadline passes without written communication depends on the specific contract language and provincial law. Contact your lawyer immediately. Acting on assumptions in this situation can create legal exposure. Your lawyer will advise on your options, which may include treating the offer as terminated or seeking written confirmation from the buyer.
This post provides general information about offer conditions in Canadian residential real estate transactions. It is not legal advice. Condition terms, deadlines, and legal consequences vary by province, by contract, and by the specific facts of each transaction. Consult a qualified real estate lawyer before accepting or countering any offer.
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