How to make an offer on a home
When you find a property you really like, the next step is to submit a promise to purchase. Governed by the Real Estate Brokerage Act, a promise to purchase lets you show the seller that you intend to buy their property while setting out the terms of the transaction. This step is part of a broader process covered in our complete guide, A comprehensive 12-step guide to buying a home.

- What is a promise to purchase?
- Where to find a promise to purchase form
- What does a promise to purchase include?
- Common conditions in a promise to purchase
- Specifics of a promise to purchase depending on the type of property
- Can a promise to purchase be cancelled?
- What happens if the seller makes a counter-proposal
- Promise to purchase: key points to remember
- Frequently asked questions
This article walks you through how to make a promise to purchase a home. It explains the required forms, clauses and conditions, the obligations of both parties, the counter-proposal process and the options for cancelling an offer. It’s a practical guide to help you navigate this step with confidence.
What is a promise to purchase?
A promise to purchase (more commonly called an offer to purchase outside Quebec) is a contract in which a buyer proposes to acquire a property under certain conditions.
It sets out the main terms, including the price offered, deadlines, and financing and inspection conditions. Once accepted by the seller, the promise to purchase binds both parties until the deed of sale is signed before the notary, unless certain conditions are not met.
Where to find a promise to purchase form
In Quebec, real estate brokers use forms from the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) . These forms structure the transaction and ensure that all essential information needed to protect both parties is included.
There are different promise to purchase forms depending on the type of property : single-family home , condo, multi-unit building or land. PDF forms for promises to purchase are available on the OACIQ website.
What does a promise to purchase include?
For a promise to purchase to be valid, it must include important pieces of information about the property, the payment terms and the conditions of the sale. The promise to purchase form also includes various clauses that set out the obligations of the buyer and the seller. Your real estate broker will take the time to explain them to you before signing.
Identification of the parties
The promise to purchase form must clearly identify the parties involved in the transaction. It generally includes:
- The full name of the buyer and seller
- Their address
- Their telephone number and email address
Description of the property
The promise to purchase must precisely describe the property in question, including:
- The address of the property
- The cadastral designation (the official land registry description of the property)
- The dimensions and the size of the lot
Specific rules apply to undivided co-ownerships, divided co-ownerships and income-producing properties.
Offered price and deposit
A promise to purchase states the price the buyer is offering for the property and may include a deposit toward the purchase price, recommended as a way of demonstrating the buyer’s seriousness. The form also specifies:
- The amount of the deposit
- How it will be paid
- What happens to the deposit if the transaction is cancelled
The deposit must be placed in a trust account and is held there until the signing of the deed of sale before the notary.
If the property is subject to GST and QST, the proportion of taxes is also indicated.
Payment terms
The promise to purchase also explains how the buyer plans to pay for the property. It includes:
- The amount of the deposit, if applicable
- The amount of the down payment
- The planned mortgage financing
This information helps the seller assess the buyer’s financial capacity.
Important deadlines
The promise to purchase includes important deadlines, such as:
- The time allowed for the seller to respond
- The occupancy date of the property
- The deadlines for meeting the conditions (inspection, financing, etc.)
- The date of signing of the deed of sale before the notary
These timelines structure the process and help the various parties, including the buyer, seller, financial institution and notary, organize the transaction. As a general guide, the response time for a promise to purchase is usually 24 to 72 hours. However, in an active market, this timeframe is often much shorter and can range from a few hours to 24 hours, especially in multiple-offer situations.
Inclusions and exclusions
A promise to purchase also specifies what is included in the sale , such as:
- Appliances
- Light fixtures
- Window coverings
- Certain outdoor equipment
This section also indicates what is excluded and helps avoid misunderstandings between the buyer and the seller.
The legal warranty
The promise to purchase specifies whether the property is sold with or without a legal warranty . To decide which option to choose, the buyer can rely on the information provided in the declarations by the seller , which describes the condition of the property and any known issues,
Conditions
The promise to purchase usually includes conditions, such as an inspection or financing approval. In this case, it is considered a conditional promise to purchase .
These conditions have to be met within set timelines for the deal to move forward. If they are not completed or waived within the required timeframes, the promise to purchase may lapse unless the parties agree otherwise.
By contrast, an unconditional promise to purchase creates a firm commitment for both parties. Even if a problem is discovered later, for example during an inspection , the parties are still required to complete the transaction, unless they mutually agree otherwise.
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Tips and tricks
A promise to purchase is a serious commitment. The parties must act in good faith and respect the conditions and timelines in order to complete the transaction. |
Common conditions in a promise to purchase
Here are the most common conditional clauses found in a promise to purchase. They are usually proposed by the buyer and negotiated with the seller, and may vary depending on the type of building and the specifics of the property.
Financing condition in a promise to purchase
A financing condition allows the buyer to confirm they can obtain a mortgage that meets the agreed terms, such as the loan amount, interest rate and amortization period.
The buyer is usually given a set timeframe to secure financing approval, often ranging from a few days to two weeks, depending on the agreement between the parties.
Inspection condition in a promise to purchase
A promise to purchase conditional upon inspection allows the buyer to have the property inspected by a building inspector to check its general condition and identify any problems before finalizing the transaction.
If the inspection reveals major defects that could reduce the property’s value or lead to significant repair costs, the buyer may withdraw their offer. However, the defects identified must not have been disclosed before the promise to purchase was drafted and must be serious enough to affect the property’s value or structural integrity. This could include, for example, structural issues or major problems with the roof or the electrical system.
In general, the timeframe for a pre-purchase inspection is 7 to 10 days, but it can vary depending on the terms of the offer.
Promise to purchase conditional on the sale of the buyer’s property
In some cases, the buyer needs to sell their current property in order to purchase a new one. They may then make an offer conditional on the sale of their property.
In this context, a clause is often added to allow the seller to continue receiving other offers while the buyer tries to sell their home. If another offer is accepted, the buyer is given a set period (usually 72 hours) to waive the condition or withdraw from the transaction.

Document review clause in a promise to purchase
A promise to purchase may also include a condition allowing the buyer to review certain documents before confirming the transaction, such as:
- Expert assessment
- Co-ownership documents
- Current leases
If the documents are not available or reveal a problematic issue—such as undisclosed zoning changes, irregularities in condominium management or high insurance premiums—the buyer may use this condition to withdraw or renegotiate, depending on the terms of the offer. The timelines and terms vary depending on the agreement between the parties, and the broker is there to advise the buyer in assessing the situation and available options.
Specifics of a promise to purchase depending on the type of property
The content of a promise to purchase varies depending on the type of property. The clauses included, the documents to be reviewed and even the form used can differ when buying a condo, a new home or an income property.
Divided co-ownership
A promise to purchase for a condominium in a divided co-ownership usually includes a clause allowing the buyer to review the condominium documents, such as the declaration of co-ownership, the syndicate’s financial statements, a provisional budget, the maintenance logbook for the building and other relevant documents.
This review helps the buyer better understand the financial and administrative situation of the co-ownership, as well as the obligations involved. The broker can support the buyer in reviewing these documents to help them make an informed decision.
Undivided co-ownership
Undivided co-ownership has certain specific features, particularly when it comes to financing. A minimum down payment of 20% is generally required, and financing options are more limited. In practice, only certain financial institutions offer this type of mortgage.
The buyer must also review the co-ownership agreement, as this type of property often includes a right of first refusal, which gives the other co-owners priority to purchase any undivided share that is put up for sale.
New property
The legal framework for buying a new home or a property sold off-plan (before it is built) by a builder is different. Instead of a promise to purchase, the parties sign a preliminary contract , as required by the Civil Code of Québec.
Builders licensed by the Régie du bâtiment du Québec generally use the standard preliminary contract for residential divided co-ownership from the Garantie de construction résidentielle (GCR) . This document outlines the applicable warranty plan and includes a 10-day cooling-off period allowing the buyer to withdraw from the contract after signing.
Multi-unit property
A promise to purchase for a plex or multi-unit property often includes clauses related to the building’s rental income. The buyer may request to review the current leases, rent increase notices sent to tenants and the status of rent payments. Some clauses also include a review of the property’s income and expenses to assess its profitability.
Can a promise to purchase be cancelled?
The ability to cancel a promise to purchase depends on the conditions set out in the document and the timing of the withdrawal.
Before the promise to purchase is accepted
1. New property
In the case of a purchase from a builder, the Civil Code of Québec provides a 10-day rescission period, during which the buyer can cancel the contract. The builder may, however, include a cancellation penalty not exceeding 0.5% of the home’s price.
2. Existing property
For an existing property, the ability to withdraw a promise to purchase depends on whether it has been accepted.
As long as the seller has not accepted it, the buyer can generally withdraw the offer. However, if a response deadline is set, the offer remains valid during that period and cannot be withdrawn once it has been received by the seller.
Once accepted, the promise to purchase becomes binding. The parties can then withdraw only under the conditions set out in the agreement or by mutual consent.
After a promise to purchase is accepted
Once a promise to purchase has been accepted, the buyer can no longer withdraw simply because they have changed their mind. They are bound to complete the transaction and could face legal action for failing to honour the agreement, including claims for damages or specific performance. The buyer may be released from the offer if the conditions are not met, in accordance with the terms set out in it.
Another option is mutual termination by agreement, where the buyer and seller agree in writing to end the promise to purchase by mutual consent.
Seller obligations
Once the offer is accepted, the seller has certain obligations. In particular, they must deliver the property in the same condition it was in at the time the offer was accepted—this is known as the obligation to deliver. They must also provide the buyer with certain documents, such as the property title, the certificate of location and any relevant declarations.
Accepting an offer also creates exclusivity. The seller can no longer sell the property to another buyer, except in certain situations. For example, when the offer is conditional on the buyer selling their own property, a clause may allow the seller to continue receiving other offers. If another offer is accepted, the buyer is then given a set period to waive their condition or withdraw from the transaction.
What happens if the seller makes a counter-proposal
When the seller receives an offer to purchase, they have three options: accept it, refuse it or make a counter-proposal (also called a counteroffer). A counter-proposal is a modified version of the original offer and must be made in writing using the standard brokerage form to ensure the terms of the negotiation are clear.
A counter-proposal may concern different aspects of the transaction, such as the sale price, occupancy date, inclusions and exclusions, and financing and inspection conditions. As with a promise to purchase, a response deadline is set. During this time, the other party can accept the counter-proposal, refuse it or make a new counter-proposal.
When a counter-proposal is made, it becomes a new offer that restates and modifies certain elements of the original promise to purchase. Negotiations then continue on this basis until both parties reach and accept a final agreement.
Promise to purchase: key points to remember
Making a promise to purchase is a key step in a real estate transaction. When well prepared, it sets out the terms of the deal, protects both parties’ interests and defines their commitments.
As you can see, this step is more complex than it looks: from the precision required in conditional clauses to how difficult it is to reverse things once the document has been submitted, professional support makes a real difference. A real estate broker is your best ally to guide you, provide advice and make sure every technical and legal detail is properly handled to secure the transaction.
Ready to take the next step? Explore available properties on Centris.ca to find the home, condo or plex that fits your criteria.
Frequently asked questions
1. Can you submit multiple promises to purchase at the same time?
Yes, but there are risks. Each promise to purchase is a binding commitment. If multiple sellers accept your offer, you could be required to purchase more than one property.
This type of situation should be avoided, or managed with great caution. A broker can advise the buyer on the available options to help reduce risk.
2. Is a verbal offer to buy valid?
Under civil law, a promise to purchase can be verbal . In practice, however, a promise to purchase is typically made in writing when working with a real estate broker. This helps ensure clear proof of the agreed terms and protects both parties.
3. What is a backup promise to purchase?
A backup offer is a promiseto purchase held in reserve for a property that is already under an accepted offer. It only becomes active if the first transaction does not go through.

| The information provided in this article is for informational purposes only and does not constitute financial, legal, professional or other advice or opinions. As such, we make no warranties, express or implied, as to the accuracy, reliability, integrity or exhaustiveness of this information, which you use at your own risk. In no event shall Centris be held liable for actions made on the basis of the information contained in this article or for any damage or loss, direct or indirect, that may result from, or in connection with, the use thereof. We recommended consulting with industry professionals for personalized advice before making any decisions. |
See also:
Use a counter-proposal to negotiate the sale of your house
Questions to ask when buying a house
Pre-Purchase Inspections: What You Should Know