Ontario Offer Count Rules
Do 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.
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.
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| Withdrawn Offer | Buyer formally notified withdrawal before the irrevocable date passed | ❌ Does not count |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 |
Step 2: Closed vs Open Offer Process
Step 3: Misleading Practices to Watch For
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.
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?”
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- Have any offers been withdrawn or expired since submission?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?
Frequently Asked Questions
Competing on an offer and want to know the real picture?
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