I signed an offer in Ontario just before Christmas and the conditions fall over the holidays. What if I can't get a home inspector or lawyer?

Before the condition deadline passes, ask your agent to negotiate an extension with the other side and get it signed as a written amendment. The other side doesn't have to agree, so the safer move is to line up your inspector and lawyer before you sign, and either give yourself more days or set a specific date after the holidays.

Why Christmas causes trouble

Late December to early January has three public holidays in Ontario: Christmas Day on December 25, Boxing Day on December 26 and New Year's Day on January 1. Plenty of home inspectors, law offices and lenders are closed. Yifei has seen law firms shut down as early as December 15, with nobody handling closings until the new year.

Conditions are usually written as a number of days, such as five business days after acceptance. How those days are counted, and whether holidays count, depends on the wording of your agreement, so ask your lawyer. Under the agreement forms commonly used in Ontario, a condition that isn't waived by the deadline usually means the deal ends. Waiting it out isn't an option.

What Yifei has seen

On a recent deal, a long weekend meant the inspector couldn't come until after the holiday. The buyer's agent sent an amendment pushing the inspection deadline back a few days. Yifei, acting for the seller, saw no real risk, recommended agreeing, and both sides signed.

Another client was overseas for a while and couldn't waive conditions in time, so she asked through a friend whether the deadline could move until after she got back.

Extensions don't always work out. In another deal Yifei has described, the buyer's mortgage got stuck and they wanted more time. The seller wasn't willing to wait. Both sides signed a mutual release, the deposit went back to the buyer, and the house was relisted. Asking isn't the same as getting.

Already signed? Do this

1. Check the offer: the exact date and time each condition expires, and whether it's counted in business days or set as a date.
2. Call inspectors and your lawyer that day. Ask for the earliest date they can do it.
3. If you can't get booked, tell your agent right away and ask for an extension before the deadline. The earlier you ask, the easier it is.
4. Get any extension in a written amendment signed by both sides. A verbal yes isn't enough.
5. If lawyers are already involved, let them talk directly. Yifei has had a lawyer insist the other side's lawyer call formally instead of going through agents.
6. If the other side says no, you have to decide: waive and go firm, or let it expire. Talk to your lawyer first.

Not signed yet? Plan ahead

Sellers can be flexible too. When a buyer's extension request is reasonable, Yifei usually advises going along with it; buyers who shop in winter are mostly serious.

Frequently asked questions

Do conditions automatically extend over Christmas?

No. It depends on how your agreement defines business days. For more time, both sides need to sign an amendment.

What if the other side won't extend?

Decide before the deadline: waive the condition or let the deal end. Once you waive, you're committed, so speak to your lawyer first.

Is it worth signing an offer before Christmas?

That depends on the house and the price. My view is that December prices run a bit lower but good listings are scarce. If the right one comes up, just plan your conditions around the holidays.

Tell me your situation, how your conditions are written and whether you need more time, and I'll tell you straight what I'd do. Yifei (RE/MAX), efay.ai

Source: Government of Ontario, Your guide to the Employment Standards Act: Public holidays, https://www.ontario.ca/document/your-guide-employment-standards-act-0/public-holidays