The Risks of Putting In an Offer Without a Financing Condition
What is a Financing Condition in Real Estate?
A financing condition is a clause in your offer to purchase that gives you, usually 5 to 7 business days, time to confirm that you can secure a mortgage for the property.
During this period, your lender reviews your finances and the property itself. If you are unable to obtain financing or the terms are not acceptable, you can walk away from the deal without penalty.
Why Do Buyers Waive the Financing Condition?
Buyers often waive the financing condition to make their offer more attractive to sellers.
In competitive markets, especially in desirable Ottawa neighbourhoods, sellers tend to favour firm, unconditional offers because they carry less risk of falling through. This can create pressure for buyers to remove conditions, even when doing so increases their own risk.
What Are the Main Risks of Waiving a Financing Condition?
Waiving a financing condition exposes you to several key risks:
- You may not get approved for financing
- The property may appraise for less than your offer
- You could be approved for less than expected
- You may lose your deposit if the deal falls through
- You could face legal action or be forced to complete the purchase
Each of these risks can have serious financial consequences if you proceed without protection.
What Happens If the Property Appraisal Comes in Low?
If the property appraises for less than your purchase price, your lender may not finance the full amount.
In this situation, you may need to increase your down payment or try to renegotiate the purchase price. Without a financing condition, you are still legally required to proceed.
Can You Be Denied a Mortgage After Being Pre-Approved?
Yes, you can still be denied a mortgage even if you have been pre-approved.
A mortgage pre-approval is based on preliminary information such as your income, credit, and debts. It is not a final approval.
Before closing, lenders will:
- Review the property, including the appraisal
- Re-verify your employment and income
- Re-check your credit and debt levels
- Assess changes in interest rates or financial conditions
Changes such as new debt, job loss, or a low appraisal can impact your final approval.
What If You Are Approved for Less Than Expected?
Even if you are approved, your lender may offer a lower mortgage amount than expected.
If this happens, you may need to increase your down payment, find alternative financing, or reconsider the purchase. Without a financing condition, you are still committed to completing the transaction.
What Are the Consequences of Waiving a Financing Condition in Ontario?
In Ontario, waiving a financing condition creates a legally binding commitment to purchase the property.
If financing fails, the consequences can include:
Losing Your Deposit
Your deposit, often around 1 percent or more of the purchase price, is typically forfeited if you cannot complete the purchase.
Being Required to Complete the Purchase
You may still be legally required to proceed with the purchase, even without financing.
If you are unable to secure a mortgage, you would need to find alternative funds to complete the transaction. This could mean borrowing from other sources, liquidating assets, or arranging short-term financing at higher costs. Failing to close the deal can put you in breach of contract.
Potential Legal Action
If you back out, the seller may take legal action to recover financial losses.
This can include the difference if the home later sells for a lower price, along with additional costs the seller incurs as a result of the failed transaction. Legal disputes can be time-consuming and expensive, adding further financial risk beyond the initial deposit.
Why Is Mortgage Pre-Approval Still Important?
Mortgage pre-approval helps you understand what you can afford and allows you to secure a rate hold.
However, it has limitations:
- It does not guarantee final approval
- It does not account for the property itself
- It may not reflect changes in your financial situation
Many buyers begin by learning how to get pre-approved for a mortgage before making an offer.
Should You Ever Waive a Financing Condition?
Some experienced buyers may choose to waive a financing condition when they have strong financial stability and confidence in their approval.
For most buyers, especially first-time buyers, keeping the financing condition in place provides important protection.
Should You Talk to a Mortgage Broker Before Making an Offer?
Before making an offer, especially one without conditions, it is important to understand your financing options.
A mortgage broker can help you assess your pre-approval strength, identify risks, and determine whether waiving a financing condition is appropriate. If you are unsure how your situation holds up, you can contact us to review your options before making a decision.
Frequently Asked Questions
What is a financing condition in real estate?
A financing condition is a clause in your offer that gives you time, usually five to seven business days, to confirm mortgage approval. If you are unable to secure financing or are not satisfied with the terms, you can withdraw from the agreement without financial penalty.
Can I lose my deposit if I waive financing?
Yes, you can lose your deposit if financing falls through after waiving the condition. In Ontario, the deposit is part of a binding agreement, and sellers are typically entitled to keep it if you fail to complete the purchase due to financing issues.
Does mortgage pre-approval guarantee final approval?
No, a mortgage pre-approval does not guarantee final approval. It is based on initial financial information and does not include a full review of the property. Lenders will reassess your finances, credit, and the home before issuing final mortgage approval.
What if the home appraises below the purchase price?
If a home appraises below the purchase price, your lender may reduce the mortgage amount they are willing to provide. You would then need to cover the difference with a larger down payment or find alternative financing, while still being obligated to complete the purchase.
Can a seller sue if I back out because financing failed?
Yes, a seller may take legal action if you fail to complete the purchase after waiving financing. If they experience financial loss, such as selling the home for less later, they may seek compensation through legal channels in addition to keeping your deposit.
Chris Allard’s experience in the field means he can get you offers with over 50 financial institutions lending in Ottawa. Every lender has many mortgage products they offer, which means Chris and his team will make sure a mortgage caters to your needs while also ensuring you get a competitive rate. Chris Allard is a proud mortgage broker of Smart Debt Mortgages, independently owned and operated. Smart Debt broker #12236.