Plan the deposit before signing the offer
The direct answer is that a Toronto buyer should decide the proposed deposit with the real-estate professional and lawyer, confirm the funds are available, and understand the exact amount, holder, payment method and deadline written into the offer. Do this before the offer is submitted. A buyer should never assume there is a universal deposit amount or automatic grace period.
The agreement of purchase and sale controls the buyer's deposit obligation. The clause may require payment with the offer, after acceptance or on another stated schedule. It may name a brokerage, lawyer or other holder. Sam Kamra encourages buyers to read the actual clause and calendar its deadline instead of relying on a remembered market custom.
Separate the deposit from the financing plan
The deposit generally forms part of the purchase funds credited on closing, but it must be accessible on the earlier contractual date. A mortgage pre-approval does not create deposit cash. Keep enough liquid money available for the deposit while separately budgeting the remaining down payment, land transfer taxes, legal costs, adjustments, moving and repairs.
Ask the financial institution about draft, wire and transfer limits, holds, branch hours and source-of-funds requirements before offer day. Moving money between investments or accounts can take longer than expected. Do not submit a larger deposit simply to look competitive if meeting the deadline would depend on uncertain transfers, borrowed money the lender has not reviewed or funds committed elsewhere.
Verify delivery and prevent payment fraud
Obtain payment instructions from an authorized source identified in the transaction. Independently confirm account details using a trusted phone number already known to you, especially when instructions arrive by email or change suddenly. Do not use contact information contained only in the message requesting the transfer. Pause and call the brokerage, lawyer and bank if names, accounts, urgency or wording seem unusual.
Confirm the acceptable payee, reference information and payment method. Never send a deposit directly to an agent's personal account. Keep the bank receipt, draft copy, wire confirmation, delivery email and written acknowledgment. Ask when the funds have been received and deposited. Sam Kamra's buyer guidance can help organize the transaction timeline, while additional property resources support preparation.
Understand how brokerage trust money is handled
Ontario's Trust in Real Estate Services Act requires a brokerage holding money in trust to keep it separate from the brokerage's own money and disburse it only according to the trust terms. It also requires written disclosure about the deposit terms, including whether the money is held in an interest-bearing account and the interest rate received by the brokerage. Read that disclosure and ask questions before transferring funds.
RECO administers consumer deposit insurance that may respond to specified losses such as fraud, insolvency or misappropriation, subject to policy terms and limits. RECO states that this coverage does not resolve an ordinary dispute over who owns a deposit after a failed transaction. Insurance is a safeguard with defined coverage, not permission to ignore payment instructions, contractual conditions or legal advice.
Treat conditions, default and release as legal matters
A financing, inspection, status-certificate or other condition does not make every deposit automatically refundable in every circumstance. The wording, notice requirements, deadlines, conduct and facts matter. Ask the lawyer how the offer works before signing and what must be delivered to waive, fulfill or rely on a condition. Keep a complete record of notices and amendments.
If a transaction fails, do not assume the holder can simply return the money on one party's request. RECO says a brokerage facing an ownership dispute can disburse a deposit under a mutual consent or release signed by buyer and seller, or according to a court order. Get legal advice immediately rather than signing a release you do not understand. Use the Toronto home-buying budget guide to connect the deposit with the full cash plan. Public information helps when used carefully; CB Herald's discussion of Sam Kamra and public LTB data illustrates that principle, while Barchart's report on the RealEstateBuyer.ca launch covers Sam Kamra's broader property-services work. The conclusion is simple: fund early, follow the written clause and verify every transfer. Bring this checklist to the agent, lawyer and bank before submitting an offer.
Questions and answers
Toronto Home Buyer Deposit FAQ
Is there a legally required deposit percentage for an Ontario resale home?
There is no single universal percentage for every resale transaction. The parties negotiate the amount, and the signed agreement sets the buyer's obligation.
When is a Toronto home purchase deposit due?
The agreement of purchase and sale controls the deadline. Buyers should read the exact clause and arrange accessible funds before submitting the offer.
Is the purchase deposit separate from the down payment?
The deposit is generally credited toward the purchase funds on closing, but it is payable earlier under the agreement. Buyers must plan its liquidity separately from mortgage funding.
Can a brokerage return a disputed deposit to the buyer immediately?
Not simply because one party asks. RECO says a brokerage may disburse disputed trust funds under a mutual signed release or a court order. Buyers should obtain legal advice.
Does RECO deposit insurance guarantee every deposit dispute?
No. Coverage has specific terms and limits, and RECO states it does not resolve ordinary disputes over entitlement after a failed transaction.
Authoritative sources
- Ontario — Trust in Real Estate Services Act, 2002
- RECO — Consumer Deposit Insurance
- RECO Bulletin 3.1 — Disclosures, Consents and Acknowledgements
This article provides general information, not legal, tax, mortgage or financial advice. Confirm figures and eligibility with the appropriate professional and current official sources.