Joel DyckReal Broker SK Ltd.
Saskatoon · From the topic map

When can a buyer back out and keep the deposit?

A buyer can back out and get the deposit back cleanly during the condition period, before a financing or inspection condition's deadline passes, by giving written notice that the condition was not satisfied. Once every condition is removed, walking away puts that deposit, held in trust under Information Services Corporation's rules, at real risk.

The deposit sits in a brokerage or lawyer's trust account for the whole transaction specifically so neither side can release it without the other's written agreement or a court order, which is why the condition deadlines in the contract matter more than a verbal understanding between the parties.

Backing out after the contract firms up, with every condition removed, is a different situation entirely. The seller can pursue the buyer through Saskatchewan's Court of King's Bench for damages, potentially including the deposit and more, and a lawyer's review at that point, generally $800 to $1,500 in fees, is essential.

The safest way to protect a deposit is never letting a condition lapse before you are genuinely satisfied with financing and the inspection. Get your hand-reviewed valuation from Joel Dyck.

Get your hand-reviewed valuation from Joel Dyck.

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