What is a conditional offer and when should I
use it?
Want to win the deal without overpaying? Here’s exactly when a conditional offer works — and when it kills your chances.
What a conditional offer is — plain and clear
A conditional offer is an offer to buy a property that includes one or more conditions the buyer must satisfy before the sale becomes firm. Think: “subject to financing,” “subject to home inspection,” or “subject to sale of current home.” If the condition isn’t met, the buyer can back out without penalty.
Why agents use conditional offers
Agents use conditional offers to protect buyers from unknown risks. They buy time to confirm financing, uncover major repairs, or secure proceeds from a home sale. Conditions are a safety net. They’re not a negotiating trick.
Common conditional clauses and when to use them
- Subject to financing: Use when mortgage approval is not guaranteed. Example: You’re self-employed or switching lenders.
- Subject to inspection: Use when the property is older or you suspect hidden issues. Example: older roof, foundations, or visible moisture.
- Subject to sale of buyer’s home: Use if you need proceeds from your current home to close.
- Subject to appraisal: Use when you suspect the lender’s appraisal could come in low in a fast market.
- Subject to insurance: Use when the property is in a flood or high-risk area.
Use each clause only when the risk is real. Too many conditions weaken your offer.
When you should use a conditional offer
- You can’t confirm financing yet.
- The property shows potential defects.
- You need proceeds from another sale to close.
- Market conditions are stable or slow (sellers less likely to reject conditions).
Don’t use a conditional offer when:
- You want the best chance of winning in a hot seller’s market. Sellers favor unconditional offers.
- You can secure pre-approval or rapid inspections. Remove conditions to compete.
How to structure a conditional offer so it wins
- Limit the number of conditions. One or two clear conditions is optimal.
- Set short, firm deadlines. Example: 5–10 business days for inspection or financing review.
- Include reasonable removal language. Commit to good faith cooperation — show you’re serious.
- Offer a higher deposit. It compensates the seller for the risk of a conditional sale.
Example: “Offer conditioned on satisfactory inspection and mortgage approval within 7 business days. Deposit increased to $10,000 to show commitment.” This reads strong and protects the buyer.
Negotiation tactics that work
- If the market is tight, negotiate to shorten condition periods or convert inspection to an agreed credit after a report.
- If you’re flexible on closing, trade that for removing a condition.
- Use a professional agent who can present conditional offers as firm and credible.
Bottom line
A conditional offer is a tool. Use it when you need protection. Drop conditions when you need to win. The difference between losing and closing is how you write and time the condition.
Tony Sousa is the local expert on offers and negotiation. If you want an offer that protects you and wins, contact Tony at tony@sousasells.ca or 416-477-2620. Visit https://www.sousasells.ca for more resources.
