Agreement of Purchase and Sale Review: What Your Lawyer Looks For

An Ontario new-home agreement of purchase and sale is mostly schedules, and the schedules control cost, timing and obligations. Have a real estate lawyer review it during the statutory rescission period, focusing on closing adjustments and levy caps, closing extension provisions, material and finish substitution clauses, deposit protection limits, grading and fencing obligations, exclusions, and what happens if you fail to close. North Hill's agreement has not been published, so retain a lawyer before the Fall 2026 release.

The document that actually governs your purchase

The brochure sells the community. The agreement of purchase and sale and its schedules determine what you pay, when you get the house, what it contains, and what you can do about it if something goes wrong. In Ontario new-home purchases, the schedules are usually far longer than the agreement itself, and that is where the money is.

North Hill's agreement has not been published. What follows is what to have reviewed the moment it exists.

Use the rescission period properly

Ontario provides a statutory rescission (cooling-off) period for new home purchases, during which a purchaser may cancel. Practical consequences:

  1. Signing at the sales office is not the end of the decision.
  2. The clock is short, so your lawyer must be retained in advance and available immediately.
  3. Ask the sales office, in writing, when the rescission period starts and ends for your agreement.
  4. Deliver any cancellation exactly as the agreement specifies — method and address matter.

Confirm the current rescission rules and timing with your lawyer, since statutory provisions can change.

The twelve clauses that matter most

Deposits and Tarion protection

Ontario's statutory warranty includes deposit protection up to limits that vary by purchase price band, administered by Tarion. Two things to confirm:

Also confirm your rights to delayed closing compensation, which is a warranty entitlement with specific notice requirements — missing the notice can cost you the claim.

Financing conditions in new-home agreements

Builder agreements are frequently not conditional on financing, or are conditional only for a short window and on the builder's approval of your lender documentation. This is the most serious risk in the document, because:

Discuss this explicitly with both your lawyer and your lender before the rescission period ends.

Questions to hand your lawyer

[] Are the closing adjustments capped? If not, negotiate caps.

[] What is the maximum number and length of closing extensions?

[] What is the substitution standard, and do I get notice?

[] Is my deposit fully within Tarion protection limits?

[] Is the agreement conditional on financing at all?

[] What are my obligations regarding grading, drainage and landscaping?

[] What exactly is excluded from the purchase price?

[] What is the designation and ownership of the abutting land behind my lot?

[] Is the plan of subdivision draft approved or registered?

[] What happens if the plan is not registered by a certain date?

What a lawyer cannot fix

Legal review is powerful, but it is not magic:

What legal review does is make your risks known and priced before your rescission period expires. That is the entire point.

Choosing the right lawyer

Not every real estate lawyer does new-build volume, and the difference matters.

  1. Ask how many pre-construction freehold agreements they review annually.
  2. Ask their turnaround time inside a rescission period.
  3. Ask for a fixed fee for the review, separate from the closing fee.
  4. Ask whether they will handle the closing, including the interim adjustments review.
  5. Confirm they are in good standing with the Law Society of Ontario.

Bottom line

At North Hill, as at every Ontario new-home release, the negotiation that saves you real money happens in the schedules during the rescission period — caps on adjustments, clarity on substitutions and exclusions, and a deposit schedule you can meet. Retain a lawyer before the Fall 2026 window opens, and never sign anything you have not had read.

References

Frequently asked questions

Do I get a cooling-off period on a new home in Ontario?

Ontario provides a statutory rescission period for new home purchases during which a purchaser may cancel. The length and requirements should be confirmed with your lawyer, and cancellation must be delivered exactly as the agreement specifies.

What is the most important thing to negotiate?

Caps on closing adjustments and development charges are usually the highest-value change, because uncapped pass-throughs are unknown at signing and payable at closing.

Are builder agreements conditional on financing?

Frequently not, or only for a short window. Because closing may be far in the future, discuss this exposure with your lawyer and lender before your rescission period expires.

Has North Hill's agreement been published?

No. No agreement of purchase and sale, deposit schedule or schedules have been released for North Hill. Retain a lawyer in advance of the Fall 2026 selling window.