Part 4 · Buying and Closing a Home

Chapter 19Financing Conditions and Unconditional-Offer Risk

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Purpose of the condition

A financing condition generally gives the buyer a contractual period to determine whether satisfactory financing can be obtained, subject to the wording of the purchase agreement.

It may provide time for lender underwriting, appraisal, insurer review, income and down-payment verification, property assessment, legal consultation and identification of a shortfall.

The condition is not itself a mortgage approval. Its legal effect, waiver, fulfilment and expiry depend on the agreement and should be reviewed with a real-estate lawyer.

Why pre-approval does not eliminate the risk

A pre-approval may review the borrower, income, credit, assets and debts. The actual purchase adds property value, legal use, property type, condition, insurer decision, closing date, purchase-contract terms, incentives and appraisal.

A lender approves a complete transaction—not merely a person.

Main risks protected by the condition

Borrower risk: income does not verify, credit changes, debts were omitted, down payment is unacceptable, closing costs are insufficient or insurer approval is unavailable.

Property risk: appraisal below price, zoning mismatch, illegal unit, major repairs, rural services, leasehold restrictions, condominium concerns, environmental use or marketability problems.

Transaction risk: closing is too soon, purchase is non-arm’s-length, incentives are undisclosed, deposit source is unclear, seller financing exists, buyer names do not match the application or occupancy differs from the stated purpose.

Usable time

A five-business-day condition can contain fewer than five usable days. The agreement may arrive late, a weekend may intervene, the borrower may be unavailable, the appraiser may not gain access, the lender may have a queue or the insurer may ask for more information.

Review before waiver

A prudent review may include an acceptable written lender decision, accepted income, credit and down payment, completed or adequately addressed property review, insurer approval where required, identified remaining conditions, feasible closing date, a shortfall plan and legal advice regarding the purchase contract.

A signed commitment can remain conditional. Read every condition before treating the mortgage as final.

Unconditional offers

An unconditional offer binds the buyer without a financing condition, subject to the contract and law. Financing failure may expose the buyer to loss of deposit, seller damages, carrying costs, legal proceedings, emergency financing or inability to complete another purchase.

The legal consequences depend on the agreement and facts. Immediate legal advice is required if an unconditional buyer may not close.

Risk-reduction framework

Has a document-reviewed assessment been completed?

Has lender-facing credit been reviewed?

Are income and down-payment documents complete?

Does the property fit known lender and insurer policy?

Can the buyer absorb a 5% to 10% appraisal shortfall?

Is there enough time for appraisal, insurer, lawyer and funding?

Has a lawyer advised on the contractual risk?

Even where every answer is yes, risk remains.

Purchase price: $1,000,000

Planned down payment: $200,000

Planned mortgage: $800,000

Appraised value: $925,000

Illustrative maximum LTV: 80%

Maximum mortgage = $925,000 × 80% = $740,000

Cash required toward price = $1,000,000 − $740,000 = $260,000

Additional shortfall = $260,000 − $200,000 = $60,000

The buyer requires an additional $60,000, plus closing costs.

Builder and preconstruction purchases

A builder agreement can involve years between signing and closing, occupancy fees, builder adjustments, assignment restrictions, appraisal risk and changes in income, credit or mortgage rules. A pre-approval obtained when the agreement was signed may have little value at final closing.

Whitby buyers approached with approximately four days remaining before a builder closing. The borrower had strong foreign income but limited Canadian credit history, collections and a high required LTV. Ordinary institutional options could not accept the combined borrower, credit, property and timeline risk before closing. A one-year private first mortgage completed the purchase, with an exit based on paying collections, strengthening Canadian credit and later institutional reassessment.

The underwriting lesson: Once a purchase is unconditional and closing is imminent, lender choice can collapse from broad market review into emergency financing.

If You Remember Only Three Things

1. A financing condition protects against borrower, property, insurer and transaction risk.

2. Pre-approval does not eliminate actual-property approval.

3. An unconditional buyer should be able to absorb appraisal, timeline and lender-policy surprises.