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Greater Sudbury real estate dictionary
A plain-language Ontario guide to the agreements, conditions, representation, title and closing terms Greater Sudbury buyers and sellers encounter in a real estate transaction.
Results update as you type. A term may appear in more than one Dictionary section with a definition tailored to that decision.
Showing all 73 terms.
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Plain-language definition: An additional schedule or document that is attached to and becomes part of the APS or listing agreement. It is used to add extra terms or clarify points that are not fully covered in the standard form.
A Chelmsford seller and buyer agree to include certain farm equipment in the sale. An addendum is attached to the APS listing exactly which items stay and under what conditions, so everyone has the same written understanding.
Plain-language definition: The legal relationship created when a brokerage represents a client in a trade in real estate. Through this relationship, the brokerage and its designated representative owe specific duties to the client, which may include loyalty, confidentiality, disclosure, and using reasonable care and skill.
A Valley East family signs a Seller Representation Agreement with Lake City Realty. That agreement creates an agency relationship where the brokerage and Chad must act in the seller’s best interests as described in the agreement and applicable law.
Plain-language definition: The standard written contract that sets out the agreed price, dates, conditions, and other terms for buying and selling a property. In most Ontario residential transactions, an Ontario Real Estate Association (OREA) form is used as the starting point and may be tailored by your real estate team and lawyer.
A buyer in New Sudbury signs an APS to purchase a detached home with a 60-day closing, a financing condition, and a home inspection condition. Once those conditions are properly fulfilled, the APS governs how the rest of the deal moves to closing.
Plain-language definition: A signed change to an existing agreement after it has been accepted — for example, changing the closing date, price, or conditions. An amendment becomes part of the original APS.
A buyer purchasing a Minnow Lake home needs more time for financing approval. The buyer and seller sign an amendment extending the financing condition deadline by three business days.
Plain-language definition: A situation where a party does not do something the agreement requires (for example, not closing on the scheduled date, or not providing vacant possession as promised). The consequences of a breach depend on the wording of the APS and applicable law and are usually addressed with the help of lawyers.
A buyer agrees to purchase a South End property but does not close on the agreed date. The parties’ lawyers review the APS and discuss possible remedies, including how the deposit should be handled and whether there may be a claim for losses.
Plain-language definition: Short-term financing arranged with a lender to cover the gap when you buy your next home before the sale of your current home closes. It is separate from, but connected to, your main mortgage.
A New Sudbury couple buys a larger family home with a closing date in June, but their existing home in Garson does not close until July. Their lender sets up bridge financing so they can close on the new purchase before receiving the sale proceeds from their current home.
Plain-language definition: Movable personal property that does not form part of the land. A chattel should be clearly identified in the Agreement of Purchase and Sale if it is to be included.
A Greater Sudbury buyer wants the refrigerator and riding mower included, so each item is described in the APS rather than assumed to remain.
Plain-language definition: The date on which the transaction is completed, funds and documents are exchanged through the lawyers, and title is transferred, subject to the agreement.
The lawyers complete a New Sudbury sale on the agreed closing date and release keys after registration and funding are confirmed.
Plain-language definition: A term in the APS that must be dealt with in the manner set out in the agreement (for example, fulfilled, waived, or allowed to expire) for the trade in real estate to move ahead as described. If a condition that protects a party is not met or waived as written, the APS may provide that the agreement becomes null and void and set out what happens with the deposit.
A buyer writing an offer on a Minnow Lake bungalow includes a five-business-day condition for financing and a home inspection. The agreement describes what happens if those conditions are not fulfilled or waived by the deadline.
Plain-language definition: An offer that includes one or more conditions. Until those conditions are dealt with as set out in the APS, the trade is not “firm.” The APS itself outlines what happens if conditions are not satisfied or waived by the stated deadlines.
A buyer submits a conditional offer on a Sudbury duplex with conditions for financing and reviewing the existing leases. The deal only proceeds as a firm agreement once the buyer signs the appropriate notices confirming those conditions have been addressed in the way described in the APS.
Plain-language definition: A response to an offer that changes one or more terms (price, closing date, conditions, etc.). A counteroffer is treated as a new offer, generally bringing the previous offer to an end once it is made.
A buyer offers $525,000 on a Valley East home. The seller sends back a counteroffer at $540,000 with a shorter closing date, which the buyer can then accept, reject, or counter again within the new irrevocable time.
Plain-language definition: A failure to perform an obligation under the APS (for example, not closing on the agreed date, or not providing vacant possession where promised). The legal consequences of default are determined by the agreement and applicable law and are usually handled with assistance from lawyers.
A buyer for a Copper Cliff property is not ready to close on the scheduled date. The lawyers for the buyer and seller discuss options, which may include extending the closing or addressing potential claims under the APS.
Plain-language definition: Money paid by the buyer, usually to the listing brokerage, as part of an offer to show serious intent to complete the purchase. The deposit is held in the brokerage’s trust account and, if the transaction closes, is applied toward the purchase price according to the closing documents.
A buyer offering on a home in Garson includes a $20,000 deposit, payable within 24 hours of acceptance. Lake City Realty holds the deposit in trust until closing or until the parties’ written directions and any required releases are received.
Plain-language definition: A registered or legal interest, claim or restriction affecting title, such as a mortgage, easement, lien or restrictive covenant. Whether it must be removed or may remain depends on the APS and law.
A buyer’s lawyer finds a utility easement on title to a Valley East property and explains why it will remain after closing.
Plain-language definition: A clause that allows the seller to continue showing the property and to consider other offers while a buyer’s condition (often the sale of the buyer’s current property) is in place. If another acceptable offer is received, the first buyer is given a set period (for example, 24 or 48 hours) to waive specific conditions or step aside as set out in the APS.
A buyer making an offer on a Valley East home includes a Sale of Buyer’s Property Condition. The seller adds an escape clause so that if a second offer comes in, the first buyer has 48 hours to firm up according to the clause in the APS.
Plain-language definition: An agreement, usually made by signing an amendment, to move a date in the APS — such as a condition deadline or closing date. The extension becomes part of the original agreement.
A buyer purchasing a South End townhouse needs extra time for lender approval. The buyer and seller sign an amendment extending the financing condition by two business days, as documented in the extension clause.
Plain-language definition: The collection of duties a brokerage and its designated representative owe to a client in an agency relationship, as described in TRESA, its regulations, and the representation agreement. These duties commonly include loyalty, confidentiality, full disclosure of relevant information, obedience to lawful instructions, and using reasonable care and skill.
When a Ramsey Lake seller signs a Seller Representation Agreement, Chad and his brokerage must keep the seller’s confidential information private, share relevant market data, and use their experience to help the seller make informed decisions about pricing and offers.
Plain-language definition: A condition in the APS that allows the buyer a set period to confirm that acceptable mortgage financing is available on terms the buyer is prepared to accept. The APS sets out what must happen by the deadline and what occurs if the condition is not satisfied or waived.
A first-time buyer writing on a West End home includes a five-business-day financing condition so they and their lender can confirm that the mortgage, rate, and payments work for their situation before the agreement becomes firm.
Plain-language definition: An agreement where no conditions remain to be dealt with as described in the APS. Either the offer never had conditions, or all conditions have been properly addressed (fulfilled, waived, or expired) according to the contract, so the parties are expected to proceed to closing.
A buyer on a Gatchell property signs notices confirming that financing and inspection conditions have been fulfilled. At that point, the APS is treated as a firm agreement, and both sides and their lawyers prepare for closing day.
Plain-language definition: An item sufficiently attached to the land or building that it is generally treated as part of the real property, subject to the facts and wording of the APS.
A seller intends to take a dining-room light fixture, so it is expressly excluded from the Greater Sudbury sale agreement.
Plain-language definition: Title to the property that a reasonable buyer and their lawyer would accept. It is generally free from significant defects, liens, or claims that would make it difficult to sell or mortgage the property. The APS describes what type of title the seller must provide.
A buyer purchasing a home in Hanmer relies on their lawyer to review the title search and confirm that the property can be registered in the buyer’s name with good and marketable title, subject only to permitted encumbrances listed in the APS.
Plain-language definition: Money temporarily retained on closing under an agreement, statute or lawyer’s direction to address a specified obligation or risk. The amount and release conditions must be documented.
The lawyers agree on a limited holdback for unfinished work at a Sudbury property and set written conditions for its release.
Plain-language definition: A condition allowing the buyer to have the property examined by a home inspector within a set time. After the inspection, the buyer may proceed, attempt to renegotiate, or follow the options set out in the condition clause if serious concerns are identified.
A buyer on a West End century home includes a home inspection condition to review the foundation, wiring, and roof. After the inspection report, the buyer decides, in consultation with their professionals, whether to proceed, amend the terms, or follow the condition clause as written in the APS.
Plain-language definition: A contractual promise by one party to compensate another for specified loss, liability or cost. Its scope depends entirely on the wording and should be reviewed by a lawyer.
A proposed schedule contains an indemnity, so the Greater Sudbury client obtains legal advice before agreeing to the risk.
Plain-language definition: Advice you receive from a lawyer who is acting only for you and not for the other party or the brokerage. ILA helps ensure that you understand the nature and consequences of agreements you are signing and can be especially important in complex situations.
A seller in Copper Cliff is asked to sign a guarantee related to a buyer’s financing. Before proceeding, the seller meets with their own lawyer for independent legal advice to understand the risks and options.
Plain-language definition: The period of time during which the party making an offer or counteroffer cannot withdraw it, as stated in the document. If the offer is not accepted and communicated before the irrevocable time expires, it generally lapses according to its terms.
A buyer offers on a New Sudbury home with an irrevocable until 8:00 p.m. the next day. If the seller has not accepted and communicated that acceptance by then, the offer typically expires as described in the APS.
Plain-language definition: A form of co-ownership where two or more people hold title together with a right of survivorship. If one joint tenant dies, their interest typically passes to the surviving joint tenant(s) rather than through their estate, subject to legal advice.
A married couple buying a Ramsey Lake home chooses to take title as joint tenants so that, if one spouse passes away, the other generally becomes the sole registered owner according to how joint tenancy works in law.
Plain-language definition: A defect that is not readily visible on a reasonable inspection and may not be easily discovered by a typical buyer or home inspector (for example, certain hidden structural or moisture issues). Some serious latent defects may need to be disclosed; your lawyer can provide advice based on the specific facts.
After moving into a West End home, a buyer discovers concealed water damage behind basement finishes that was not apparent during showings or inspection. The buyer speaks with their lawyer about whether this may be a latent defect and what options exist.
Plain-language definition: The written agreement between a seller and the listing brokerage that authorizes the brokerage to market and offer the property for sale. It sets out the list price, term, services to be provided, commission or fees, and key disclosures and consents required under TRESA.
A seller in Valley East signs a Listing Agreement with Lake City Realty that describes the asking price, the length of the listing, how the property will be marketed (including MLS®), and how commission will be paid on a completed sale.
Plain-language definition: A situation where a brokerage or designated representative represents more than one client with competing interests in the same trade in real estate — for example, both the buyer and the seller, or two competing buyers. TRESA and its regulations set out specific disclosure and consent requirements in these situations.
A Chelmsford homeowner lists with Lake City Realty. Later, a buyer who has a Buyer Representation Agreement with the same brokerage becomes interested. Before proceeding, the brokerage provides the required multiple representation disclosures so each client can decide whether to consent or choose another option with their own advisor.\n
Plain-language definition: A document typically signed by the buyer, seller, and the involved brokerages to confirm that the APS is being brought to an end on agreed terms. It usually deals with how the deposit will be handled and confirms that the parties are releasing one another from future claims related to that particular agreement, subject to its wording.
A buyer in Garson cannot satisfy a financing condition and chooses not to waive it. The parties sign a mutual release confirming that the agreement will not proceed and setting out how the deposit held in trust will be dealt with, in accordance with the form and the law.
Plain-language definition: A written notice used to confirm that a specific condition in the APS has been satisfied as described in the agreement (for example, that financing has been arranged on terms acceptable to the buyer). The wording of the condition itself guides when and how a NOF is used.
A buyer on a New Sudbury semi-detached home receives a mortgage approval. The buyer’s representative submits a Notice of Fulfilment confirming that the financing condition has been satisfied in accordance with the APS.
Plain-language definition: A written notice used when a party who benefits from a condition chooses to give up the protection of that condition, as allowed by the wording of the APS. Once a condition is properly waived, the parties are generally expected to proceed without that protection in place.
A buyer for a downtown Sudbury condo cannot complete a full inspection by the deadline but still wishes to proceed. After speaking with their professionals, the buyer chooses to sign a Notice of Waiver for the inspection condition, understanding the risks described in the APS.
Plain-language definition: A signed proposal by a buyer (or sometimes a seller in a counteroffer) to buy or sell a property on specific terms. The offer becomes an Agreement of Purchase and Sale once it has been accepted and that acceptance has been communicated within the irrevocable time, in the manner described in the document.
A buyer submits an offer on a Garson home with a proposed price, deposit, closing date, and conditions. Once the seller signs and acceptance is properly communicated before the irrevocable time, the offer becomes the APS that guides the transaction.
Plain-language definition: The process and time frame during which offers are reviewed with the seller, often at a scheduled time if multiple offers are expected. The way offers are handled must comply with TRESA, its regulations, and any instructions agreed upon with the client.
After a busy weekend of showings on a South End listing, Chad schedules an offer presentation at 6:00 p.m. on Monday. All offers are reviewed with the seller at that time according to the seller’s instructions and the applicable rules.
Plain-language definition: A defect discoverable by a reasonable inspection. Buyers generally need to investigate visible concerns and should use appropriate conditions and professionals.
Visible foundation cracking is noted during a Greater Sudbury showing, so the buyer investigates it before deciding whether and how to offer.
Plain-language definition: A remedy under certain mortgages that allows the lender to sell the property when the borrower is in default, without necessarily taking full ownership through foreclosure first. Power of sale properties are typically sold “as is” with specific lender conditions and timelines.
A lender lists a power of sale property in the Flour Mill area after a borrower falls into long-term default. The APS includes lender schedules that set out how the sale will occur and what the buyer can and cannot expect from the seller (the lender).
Plain-language definition: An offer submitted before the advertised offer presentation date and time, often with strong terms, in the hope that the seller will consider or accept it early. The handling of pre-emptive offers is guided by the seller’s written instructions and the brokerage’s obligations under TRESA.
A New Sudbury property with an offer date receives a pre-emptive offer two days early. The listing brokerage follows the seller’s previous written directions about how to deal with pre-emptive offers and explains the options to the seller at that time.
Plain-language definition: A written agreement between a client and a brokerage confirming who the brokerage will represent (buyer or seller), the services to be provided, how long the relationship will last, and how the brokerage will be compensated. Under TRESA, representation agreements must contain certain information and disclosures.
A family looking for a larger home in Hanmer signs a Buyer Representation Agreement with Lake City Realty so that Chad can represent their interests as clients while they search for properties, prepare offers, and negotiate terms.
Plain-language definition: The deadline in the APS by which the buyer’s lawyer must raise objections or questions about title that the seller is required or permitted to address (for example, certain liens, easements, or zoning issues). The APS sets out what may happen if concerns are not resolved by that date.
A buyer of a Dowling property has their lawyer review the title and zoning before the requisition date. The lawyer raises a question about an old right-of-way that needs to be clarified or resolved with the seller’s lawyer before closing.
Plain-language definition: A condition that makes the transaction described in the APS dependent on the buyer selling their current property within a defined time and on terms set out in the condition. This clause is often paired with an escape clause for the seller.
A buyer in Garson writes an offer on a South End home that is conditional on selling their existing Garson property. The condition outlines the timing and requirements, and the seller includes an escape clause so they can consider other offers if one arrives.
Plain-language definition: A remedy that may be sought through the courts asking a judge to require a party to complete the contract, rather than only paying money damages. Whether specific performance is available in a given case is a legal question determined by the courts, not by the brokerage.
After a seller in New Sudbury decides not to close on a firm agreement, the buyer speaks with their lawyer about possible remedies, including whether to pursue an action in court that might seek specific performance or other relief.
Plain-language definition: A closing document prepared by a lawyer showing the purchase price and agreed credits or adjustments used to calculate the balance due on closing.
A Greater Sudbury buyer’s statement credits the seller for property taxes paid beyond the closing date.
Plain-language definition: A document issued for a condominium unit that summarizes the condominium corporation’s financial position, rules, by-laws, and any ongoing legal matters that it is required to disclose. Many condo offers include a condition allowing the buyer’s lawyer to review the status certificate.
A buyer offering on a downtown Sudbury condo includes a condition for lawyer review of the status certificate. The buyer’s lawyer looks at the document to understand the reserve fund, bylaws, and any planned special assessments before the buyer decides how to proceed.
Plain-language definition: The legislation, and its associated regulations, that governs how real estate is traded in Ontario. TRESA sets out rules for representation, disclosures, advertising, conduct, and accountability for registrants, and is administered by the Real Estate Council of Ontario (RECO).
When Chad explains disclosure forms, representation options, and multiple representation to clients in Chelmsford or New Sudbury, he is following the requirements of TRESA, its regulations, and RECO guidance, in addition to brokerage policies.\n
Plain-language definition: A form of co-ownership in which each owner holds a separate share that may pass through their estate rather than automatically to the other owner.
Two relatives buying a Sudbury investment property ask their lawyer whether tenants in common fits their ownership and estate plans.
Plain-language definition: Legal ownership of the property as recorded in the Land Titles system. When a purchase closes, the buyer’s name is registered on title, subject to any registered interests (such as mortgages or easements) that the buyer has agreed to accept.
On closing day for a Vermilion Lake cottage, the buyer’s lawyer registers the transfer and the mortgage so that the buyers appear on title as the new owners, subject to the agreed-upon encumbrances described in the APS.
Plain-language definition: Insurance that can help protect buyers and lenders from certain title-related risks, such as some forms of fraud, errors, or undisclosed encumbrances, depending on the policy. Whether title insurance is recommended and what it covers is a discussion between you, your lawyer, and your lender.
A buyer closing on a South End home obtains title insurance on the advice of their lawyer and lender to provide an extra layer of protection against certain potential title issues.\n
Plain-language definition: A lawyer’s examination of land-registration records to confirm ownership and identify registered mortgages, easements, liens and other interests before closing.
The buyer’s lawyer searches title to a Hanmer property before the requisition deadline and raises an issue requiring the seller’s response.
Plain-language definition: A regulated account in which a brokerage holds money belonging to others, including transaction deposits, subject to TRESA and applicable rules.
Lake City Realty receives a Greater Sudbury buyer’s deposit and holds it in its brokerage trust account pending closing or lawful release.
Plain-language definition: An APS where there are no outstanding conditions to be dealt with as described in the agreement. In practice, this may mean the offer never included conditions, or all conditions have already been satisfied or waived in the required form.
In a competitive multiple-offer situation on a South End home, a buyer submits an offer with no conditions. Once accepted, the parties are working under an unconditional APS and move directly toward closing as outlined in the agreement.
Plain-language definition: A promise in the APS that the property will be free of occupants and personal belongings (other than agreed chattels) on closing, so the buyer can take possession as described. This is particularly important if the property has tenants when the APS is signed.
A buyer purchasing a rental home in the Flour Mill negotiates vacant possession of the main unit on closing so they can move in. The APS sets out how and when the current tenancies will end in compliance with applicable landlord and tenant laws.\n
Plain-language definition: An arrangement where the seller of the property agrees to lend part of the purchase price to the buyer, secured by a mortgage registered on title. The parties negotiate the interest rate, term, and repayment schedule, usually with input from their lawyers and lenders.\n
An investor buying a mixed-use building near downtown Sudbury negotiates a VTB with the seller for part of the price so that the purchase can move forward while traditional financing is arranged for the remainder.\n
Plain-language definition: A written statement used to give up a right or protection found in the APS, such as a condition that is for the benefit of one party. Whether and how a waiver may be used depends on the wording of the APS and applicable law.\n
A buyer of a New Sudbury bungalow decides to waive a condition related to minor repairs, preferring to proceed without that protection after speaking with their inspector and lawyer.\n
Plain-language definition: A promise in the APS that a certain fact is true or will be true on or by closing — for example, that certain work was completed with permits, or that chattels will be in good working order. The legal effect of a breach of warranty depends on the contract wording and applicable law.\n
A seller of a South End home warrants that the new furnace was installed under permit. If questions arise later, the buyer’s lawyer reviews the warranty in the APS and advises on possible next steps.\n
Plain-language definition: The set of municipal rules that govern how a property may be used (for example, single-family, duplex, commercial), as well as restrictions on building size, setbacks, parking, and more. Compliance with zoning is typically reviewed by a buyer’s lawyer or other professionals.\n
An investor buying a duplex in the Flour Mill area asks their lawyer to confirm that the current two-unit use complies with the City of Greater Sudbury zoning by-law or is legally non-conforming in a way the buyer finds acceptable.\n
These additions fill the most useful gaps without pretending one definition fits every decision. Each term is tailored to this page and links to its other relevant Dictionary contexts. Confirm time-sensitive rules with RECO Information Guide.
Plain-language definition: A written representation arrangement in which the brokerage and its agents represent the client, as set out in the agreement and TRESA framework.
The agreement should identify the brokerage, services, obligations, scope, duration and remuneration instead of leaving the relationship to assumption.
Plain-language definition: A written representation arrangement in which the brokerage designates one or more named agents to represent the client.
The contract and required disclosures should make the designated representatives and conflict process clear.
Plain-language definition: Limited services a registrant may provide to a self-represented party without entering a representation agreement or advocating for that party.
Documents should not blur the line between factual assistance and client representation.
Plain-language definition: The required written information explaining that a registrant represents another client, does not represent the self-represented party, and cannot provide the duties or advocacy owed to a client.
The form documents the relationship boundary before assistance proceeds; it does not create representation.
Plain-language definition: A signature or other record confirming that information was received or explained; it does not necessarily mean the signer agrees with every statement or waives legal rights.
Read the wording beside the signature line. An acknowledgement, consent and contractual promise do different jobs.
Plain-language definition: Documented, informed agreement to a proposed relationship, disclosure or action when Ontario rules or the contract require consent.
Consent should follow an explanation of the material facts and options; a generic signature should not replace that discussion.
Plain-language definition: Compensation or other benefit payable for real estate services, including the amount or calculation method described in a representation agreement.
The contract should explain who may owe it, when it becomes payable, HST treatment and any relevant offer of remuneration between brokerages.
Plain-language definition: An offer process directed by the seller in which specified offer content may be shared with competing buyers under Ontario's offer-handling rules.
The seller's written direction and the brokerage's disclosures govern what can be shared; open does not mean every detail is automatically public.
Plain-language definition: A brokerage's disclosure of how many written offers have been received at the relevant time, without disclosing price or other content unless separately permitted.
The count can change as offers arrive, expire or are withdrawn, so timing belongs in the conversation.
Plain-language definition: The seller-directed disclosure of specified content from one offer to another potential buyer where Ontario rules permit it.
The direction should identify the content and process; personal information and confidential client information remain subject to applicable obligations.
Plain-language definition: A representation relationship that conduct might appear to create even though the parties did not properly document it in writing.
Ontario's written-agreement framework is designed to avoid this ambiguity; clarify the relationship before services are provided.
Plain-language definition: The clauses explaining how a representation agreement can end, what notice or consent is required, and which obligations may survive termination.
A release, expiry and cancellation are not automatically the same. Review continuing remuneration, confidentiality and protection-period language.
Plain-language definition: The registered description used to identify land in Ontario's land-registration system; it is not simply the municipal street address.
The lawyer uses title records and the legal description to confirm the land being transferred.
Plain-language definition: A unique number assigned to a parcel in Ontario's land-registration system.
A PIN helps locate the parcel register but does not replace reviewing the register, legal description and instruments.
Plain-language definition: The land-registration record summarizing the parcel's legal description, ownership and registered instruments or interests.
Lawyers use it as a starting point for title review; listed instruments may need to be obtained and read.
Plain-language definition: The registration identifier assigned to a deed, mortgage, easement, discharge or other document registered on title.
The number is a pointer to the document, not a plain-language explanation of its legal effect.
Plain-language definition: An economic or equitable interest in property that may differ from registered legal title.
Trust, estate, corporate and family arrangements can affect authority, disclosure and tax consequences even when the parcel register names someone else; obtain legal advice early.
Go to the source when the wording matters
Need terminology from another part of the transaction? Return to the complete Greater Sudbury Real Estate Dictionary.
Review Ontario representation, services, multiple representation and consumer choices. Read Ontario Laws & Consumer Rights, or open RECO’s official guide (opens in a new tab).
Read the current Trust in Real Estate Services Act and regulations. Open TRESA on e-Laws (opens in a new tab)
See how Chad explains and prepares an offer within the Buyer Experience. Review Making an Offer
Check zoning, access, lot and property definitions connected to legal due diligence. Browse Property Terms