Preconstruction Independent Legal Advice

Submit a Request Below for Preconstruction and Contracts Independent Legal Advice

Signed a Pre-Construction Agreement in Ontario?

What the 10-Day Cooling-Off Period Really Means

If you have signed an Agreement of Purchase and Sale for a new build or pre-construction home in Ontario, the law gives you a limited cooling-off period to review the agreement and decide whether to proceed.

Most buyers don’t realize how much risk is contained in these contracts — until it’s too late.

This page explains what the cooling-off period actually does, what builder agreements usually contain, and when independent legal review matters.

What is the 10-Day Cooling-Off Period?

Ontario law provides buyers of new and pre-construction residential property with a 10-day cooling-off period after signing the Agreement of Purchase and Sale.

During this period, you may: Have the agreement reviewed, Decide whether to proceed, or Cancel the agreement and recover your deposit if you rescind within the deadline.

Once the cooling-off period expires, the agreement becomes binding — even if problems only become clear later.

Builder Agreements of Purchase and Sale are not standard contracts.

They are typically: Very long, Heavily one-sided, Drafted to shift risk to the buyer, or Written to allow broad delays, extensions, and termination. rights

Sales staff are not permitted to give legal advice about these terms, and buyers often sign under time pressure or excitement.

Common Issues Found in Builder Agreements

Every agreement is different, but common provisions include: 

• Long or open-ended construction delays

• Builder rights to change floor plans, layouts, or materials

• Limited or no compensation for delays

• Builder rights to terminate and return the deposit without interest

• Restrictions on assignment or resale

• Clauses limiting the buyer’s remedies if things go wrong

These clauses may be legal, but that does not mean the risk is obvious or acceptable for every buyer.

What Happens If You Do Nothing?

If you proceed past the cooling-off period:

• You accept the legal risk allocated to you in the contract

• Your deposit may be tied up for years

• Your ability to exit later may be very limited

• Courts generally enforce these agreements as written.

What Independent Legal Review Does (and Does Not Do)

Independent legal review during the cooling-off period is meant to help you understand what you are agreeing to before the decision becomes irreversible.

A proper review explains:

• How the contract operates

• What rights the builder has

• What rights you do not have

• The practical consequences of key clauses

• Your legal options during the cooling-off period

It does not involve:

• Negotiating with the builder

• Amending the agreement

• Acting on the transaction or closing

• The decision to proceed or rescind always remains yours.

Independent Legal Review — Cooling-Off Period

I offer independent legal review of builder Agreements of Purchase and Sale during the statutory cooling-off period, provided in my capacity as a licensed Ontario paralegal at much lower rates than a lawyer.

This service is designed to:

• Explain the agreement in plain language

• Identify legal and financial risks

• Clarify statutory rights and consequences

• Help you decide whether to proceed or rescind within the cooling-off period

Scope of Service

• Review of the full builder agreement

• Written or verbal explanation of key clauses and risks

• Clear explanation of legal consequences

• Time-limited decision support only

I do not negotiate or amend contracts and do not act on closing or conveyancing.

Fees

Flat-fee review from $800.00 (Based on length and complexity of the agreement)

Timing Matters - Cooling-off periods are strict.

If you are close to your deadline, seek review immediately.

Important Note

This service is offered independently and is not real estate trading representation.

If you are working with a real estate agent or broker, this review does not replace their role — it complements it by providing independent legal clarity.

How to Proceed

If you are within your cooling-off period and want independent legal review of your builder agreement, you may request an appointment using the form or Facebook message.