AZ
AZ Real Estate Partners
Buying Guide · Offer Rules
AZ
AZ Real Estate Partners
Buying Guide · Offer Rules
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Ontario Offer Count RulesDo Expired Offers Count?
The listing agent says “we have 3 offers” — but does that include offers that expired yesterday? What exactly must they disclose under TRESA? This guide gives you the rules and the tools to verify.
📊 TRESA Disclosure Rules
⏰ Expired Offer Counting
🔍 Verification Checklist
⚠️ Misleading Practices
What must a seller’s agent disclose about competing offers under TRESA?
Under TRESA (effective December 1, 2023), a seller’s registered agent is required to disclose the number of competing written offers to all parties who have submitted an offer on the same property. This is mandatory — it does not need seller authorization. However, the contents of those offers (price, terms, conditions, buyer identity) may only be shared under an “Open Offer Process” with explicit seller direction. Ontario’s traditional model uses a closed process: count disclosed, contents private.
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Step 1: What Counts as a Valid Competing Offer?
Offer Status
Definition
Counts Toward Total?
Valid Offer
Written APS with an irrevocable date that has not yet passed — seller can still legally accept it
✅ Yes
Expired Offer
Written APS whose irrevocable date has passed — seller can no longer accept it, buyer is no longer bound
❌ Should not count
Withdrawn Offer
Buyer formally notified withdrawal before the irrevocable date passed
❌ Does not count
Verbal Interest
Buyer expressed interest verbally but never submitted a written APS
❌ Never counts
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Step 2: Closed vs Open Offer Process
Closed Offer Process (Traditional — Most Common)
Seller’s agent must disclose offer count to all offering parties
Offer contents (price, terms) remain confidential
Buyers make decisions without knowing competing offer prices
Open Offer Process (New Under TRESA)
Seller directs their agent to share offer contents with all parties
Can share closing date only, or full price and terms
Must be disclosed on the MLS listing upfront
Still a minority of Ontario listings as of 2026
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Step 3: Misleading Practices to Watch For
⚠️ Counting expired offers in the total
If an offer expired at 9pm and presentation is at 10pm the same evening, that offer should no longer count. Ask your agent to confirm all disclosed offers have current, valid irrevocable dates extending past the offer presentation time.
⚠️ Counting verbal interest as an offer
A buyer who said they “might submit” is not a competing offer until written documents are delivered to the listing brokerage. Always confirm: “Are all of these written, signed, and delivered offers with valid irrevocable dates?”
⚠️ Fabricating competing offers (illegal)
Deliberately misrepresenting the number of offers is a TRESA violation reportable to RECO. Agents found fabricating competing offers face disciplinary action including fines and licence suspension. Document your communications and report concerns to RECO.
Buyer Verification Checklist — Ask Before You Offer:
How many written, signed offers have been delivered to the listing brokerage?
What are the irrevocable dates on each offer? Are they all still valid at presentation time?
Have any offers been withdrawn or expired since submission?
Is this a closed or open offer process? (Should be noted on MLS)
Will the seller be presenting all offers at the same time, or reviewing sequentially?
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Frequently Asked Questions
Must a seller’s agent disclose how many offers they have?
Yes — TRESA makes this mandatory for all parties who have submitted written offers. The count must be provided, though specific offer contents require seller authorization to share.
Do expired offers count toward the total?
No — only offers with a valid irrevocable date at the time of presentation should count. Expired offers no longer bind the buyer and the seller cannot accept them. Ask your agent to confirm all disclosed offers have current irrevocable dates.
What is the open offer process?
An open offer process under TRESA allows the seller to direct their agent to share competing offer contents with all offering parties. It must be disclosed on the MLS listing. Still uncommon in Ontario as of 2026, but gaining traction in some markets.
Competing on an offer and want to know the real picture?
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Arthur Zhao Verifies Offer Details Before You Commit
Broker · FRI · ABR · SRS · MCNE · E-PRO · CLHMS & GUILD Elite · REAIS · Bay Street Group Inc.
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作者简介About the author
Arthur Zhao
Real Estate Broker · FRI · ABR · SRS · PSA · MCNE · E-PRO · CLHMS & GUILD Elite · REAIS
VP & Branch Manager, Bay Street Group Inc.
为大多伦多地区客户服务的双语经纪。专注于为首购、投资者和跨境家庭提供有结构的策略。先看透，再落笔。Bilingual broker serving the Greater Toronto Area. Specialty: structured strategy for first-time buyers, investors, and cross-border families. Knowledge before commitment.
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