Can a Buyer Pull Their Offer at the Last Minute? What Milton Sellers Need to Know Now

Can a buyer withdraw an offer?

Can a buyer withdraw an offer? They can — but only in specific moments. Read this first if you’re selling in Milton, ON.

Quick answer

Yes, a buyer can withdraw an offer — but timing and the wording of that offer decide everything. In Ontario, and in Milton’s fast-moving market, the difference between a withdrawn offer and a binding contract comes down to acceptance, conditions, and deadlines.

Why this matters for Milton home sellers

If you’re selling a house in Milton, Halton, or nearby, you need to know exactly when an offer becomes iron-clad. A misread deadline or a missing condition can cost you time, money, and leverage. Get this right and you protect your sale, your timeline, and your negotiating power.

The simple rules — when a buyer can withdraw

1. Before acceptance: an offer can be revoked any time before the seller accepts it. Revocation must be communicated to the seller (or the seller’s agent).
2. After acceptance but with unmet conditions: if the buyer included conditions (financing, inspection, sale of buyer’s property) and those conditions are not satisfied or waived by the deadline, the buyer can nullify the offer.
3. After acceptance and removal of all conditions: once every condition is satisfied and the seller accepted the offer, the Agreement of Purchase and Sale is binding. At that point, a buyer cannot simply withdraw without legal consequences.

Key Ontario law points sellers must know

• Offer becomes a contract on acceptance: In Ontario, a properly accepted offer turns into a legally binding contract.
• Conditions are powerful: “Subject to financing” or “subject to inspection” protect buyers. If a condition isn’t met or the buyer doesn’t waive it by the date listed, the buyer can walk away.
• Deadlines matter: Buyers must adhere to condition removal deadlines. If they miss them, the offer can be voided — or the seller can insist on the timelines.
• Deposit handling: If a buyer breaches after a firm acceptance, the deposit usually goes to the seller as partial damages under the standard OPS, but it’s case-specific and sometimes disputed.

Common scenarios and what sellers in Milton should expect

• Scenario 1 — Buyer revokes before acceptance: You can keep marketing. No contract exists. You can accept another offer.
• Scenario 2 — Buyer retracts because financing fails before condition removal: The offer dies if the condition isn’t satisfied. Buyer gets deposit back if the form and timelines were followed.
• Scenario 3 — Buyer withdraws after all conditions are cleared and the offer is accepted: This is a breach. You can keep the deposit and pursue further damages in court, though many sellers accept the deposit and relist.
• Scenario 4 — Buyer delays condition removal beyond deadline: You may be able to treat the offer as void. Confirm deadlines in writing through your agent.

What sellers should do, step-by-step

1. Confirm acceptance in writing immediately. Use the standard Ontario Agreement of Purchase and Sale.
2. Check for conditions and their removal dates. If there are conditions, mark the calendar and follow up.
3. Communicate through your listing agent. If a buyer tries to revoke, get it in writing. Verbal revocations are risky.
4. Secure the deposit promptly. Make sure it’s held under the contract terms (lawyer/trust).
5. If the buyer breaches after acceptance, consult your lawyer before returning the deposit. You have options: keep deposit as liquidated damages or pursue specific performance or damages.

Negotiation leverage — how sellers in Milton win

• Use clean, strong offers: Encourage buyers to submit offers with fewer or shorter conditions. That reduces the chance they withdraw.
• Tighten deadlines: Shorter financing and inspection windows kill buyer uncertainty and speed the sale.
• Multiple offers: When demand is high, use the market. More offers equals more leverage to insist on firm terms.
• Pre-approval matters: Ask for proof of financing or a mortgage pre-approval letter with the offer. It’s not foolproof, but it lowers the risk of a finance-based withdrawal.

The deposit — what it means and how to protect it

Deposit = seriousness. In Ontario, it’s your protection if the buyer breaches after a firm acceptance.

• Holding: Deposits are usually held in trust by the seller’s brokerage or lawyer.
• Forfeiture: If a buyer breaches, under many OPS clauses the seller can keep the deposit as liquidated damages. But keep in mind a judge can award higher damages to the seller if the loss exceeds the deposit, or refuse forfeiture if the clause is unfair.
• Disputes: If a buyer claims they were forced or misled, disputes can go to court. Legal counsel is essential.

Timing traps sellers miss

• “Subject to” loophole: A buyer might list conditions that let them withdraw. Verify every condition is met or waived.
• Late revocation attempts: A buyer might argue they revoked before you accepted. Only written proof or agent timestamps will protect you.
• New-build exceptions: Different rules can apply for pre-construction purchases. Check the contract closely.

Real examples from Milton’s market (short, practical cases)

• Case A: A buyer submitted an offer with a 5-business-day financing condition. The bank delayed. Buyer withdrew before the condition was removed. Seller relisted and sold for same price two weeks later. Lesson: shorter deadlines keep sales moving.

• Case B: Offer accepted unconditional. Two days later buyer contacted the agent saying they changed their mind. Seller kept deposit, relisted, and sold for higher price. Buyer sued; seller recovered legal costs. Lesson: unconditional acceptance creates strong seller rights.

How to write offers and counteroffers so buyers can’t walk away easily

• Accept conditional offers but make conditions tight and specific.
• Require proof: mortgage pre-approval, lender commitment, or a full financial worksheet.
• Use clear calendar dates and times for condition removal.
• When you counteroffer, remove ambiguity. Precision kills disputes.

Practical checklist for Milton sellers (copy this)

• Confirm acceptance in writing (OPS signed).
• Note all condition removal deadlines on calendar.
• Ensure deposit is received and held in trust.
• Ask for proof of financing with offers.
• Keep clear written communication if buyer attempts to revoke.
• Consult a real estate lawyer before forfeiting deposit or taking legal action.

Conclusion — win the negotiation by controlling timing and clarity

In Milton’s competitive market, timing and contract clarity decide outcomes. Buyers can withdraw offers — but only in defined windows. Your job as a seller is to tighten those windows and make offers firm when market conditions allow. That reduces risk and gets you to the closing table faster.

If you want a direct, experienced Milton realtor who enforces timelines, protects your deposit, and maximizes your sale price, contact Tony Sousa. He knows the local market, the common buyer tactics, and the exact language that keeps offers binding.

Tony Sousa — Milton Real Estate
Email: tony@sousasells.ca
Phone: 416-477-2620
Website: https://www.sousasells.ca

FAQ — Answers Milton sellers ask most

Can a buyer withdraw an offer after the seller accepts in Ontario?

Only if the offer contains unmet conditions or if acceptance didn’t legally occur. Once every condition is removed and acceptance is complete, the buyer is bound and can’t withdraw without breaching the contract.

What happens to the deposit if a buyer withdraws?

If the buyer withdraws before acceptance, the deposit is returned. If the buyer withdraws after a firm acceptance, the seller may keep the deposit as liquidated damages. Consult a lawyer if the situation is complex.

How long do buyers have to remove conditions in Ontario?

The timeline is whatever the offer sets. Common windows are 24-72 hours for subjects in hot markets. Short windows reduce withdrawal risk.

Can a buyer change their mind because of a bad home inspection?

Yes — if the inspection clause is a condition and the buyer doesn’t waive it. If the buyer waives the condition or the inspection is satisfactory and acceptance is firm, they cannot back out without breaching.

What if the buyer revokes by email or text? Is that valid?

Yes — a clear written revocation can be valid. The safest path is to treat revocations seriously and get written confirmation. Agents should timestamp messages.

Can sellers sue a buyer who withdraws?

Yes. Sellers can pursue the deposit and potentially further damages. Legal action costs time and money; often sellers accept the deposit and relist. Talk to a real estate lawyer first.

Does Milton have special local rules?

No special provincial rules for Milton beyond Ontario law. Local practice matters: quick condition deadlines, proof of financing, and strong listing strategies are common in Milton.

What should I ask my listing agent to do right away?

Confirm acceptance in writing, secure the deposit, set and track condition deadlines, collect proof of financing, and consult a lawyer if there’s a withdrawal attempt.

If you want a clear assessment of your current offer or help turning conditional offers into firm sales, contact Tony Sousa at tony@sousasells.ca or 416-477-2620. He’ll review your paperwork and tell you exactly what to do next.