What happens if my buyer can't close on my home sale?

3 min read Updated September 2026 Written by Chetanaya Gupta, Ontario lawyer

The short version

If your buyer can't close, usually because financing fell through, you generally keep the deposit and can sue for any further loss, like a lower price on resale. You don't have to accept an extension, but it's worth weighing against the cost and delay of legal action.

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On this page
  1. Why do buyers fail to close?
  2. Do I automatically keep the deposit?
  3. Can I sue for more than the deposit?
  4. Should I agree to an extension instead?
  5. What should buyers know before this happens to them?
  6. What to do next
  7. Quick questions
01

Why do buyers fail to close?

Most of the time it's financing: the lender pulls back at the last minute, an appraisal comes in low, or a condition wasn't actually satisfied properly. Sometimes the buyer's own sale falls through, so the money they needed isn't there. Occasionally a buyer just changes their mind after conditions are waived, which is a breach, not a right they have.

02

Do I automatically keep the deposit?

Generally yes. Once a buyer defaults on a firm, unconditional agreement, the deposit is normally forfeited to you without you having to prove any actual loss, as long as it isn't so large a court would treat it as an unfair penalty rather than a genuine deposit. That's separate from whether you can claim more.

03

Can I sue for more than the deposit?

Yes, if your loss goes beyond it. If you resell for less than the original agreed price, you can generally claim the shortfall, plus carrying costs during the gap, like mortgage interest, property tax, and utilities while the home sits unsold. You're expected to make reasonable efforts to resell at a fair price, and your lawyer can advise on what counts as reasonable in your situation.

04

Should I agree to an extension instead?

It's an option, and sometimes the practical one, especially if the buyer's financing is close but not quite ready. An extension needs a formal amendment to the agreement, often with a per diem interest charge for each day past the original date, and can include a larger deposit. There's no obligation to agree to one. Whether it makes sense depends on how close the buyer actually is and what relisting would cost you.

05

What should buyers know before this happens to them?

If financing is shaky, don't wait until closing week to raise it. Talk to your lawyer as soon as you know there's a risk, since walking away after conditions are waived puts your deposit and more at risk. See our page on changing the closing date if a short extension might solve the problem.

What to do next

Where to go from here

  1. Contact your lawyer the moment your buyer signals they can't close, don't wait for the closing date itself.
  2. Get a written record of any communication about the delay or default.
  3. Have your lawyer evaluate whether an extension or a legal claim makes more sense for your situation.
Quick questions

People also ask

Do I have to give my buyer more time if they ask?

No, you can insist on the original closing date, though your lawyer can help you weigh the options.

What if I can't find a new buyer right away?

You can generally claim carrying costs for the property during the delay, on top of any price shortfall on eventual resale.

Does the buyer's real estate agent owe me anything if the deal falls through?

Not usually. Your claim is against the buyer under the agreement, not their agent.

Can I keep the deposit and still sue for damages?

Yes, they're treated as separate remedies. The deposit doesn't cap what you can claim if your actual loss is higher.

Sources

This page is general information about Ontario law as of September 2026. It isn't legal advice about your situation.