Freehold home buyers can terminate their APS and make a claim for deposit protection if completion of their home is delayed more than 120 days beyond the original or extended closing date.  Buyers who choose to cancel an APS and have their deposit refunded must send a notice of termination to the builder within 10 days of the end of 120 day period. Before making a decision, they are advised to consult a lawyer and review the Tarion Addendum attached to the APS.

If, after a 120 day delay, a freehold home purchaser does not wish to terminate their APS, the builder must complete the home within the next 120 days. If the home is still not complete after the second 120 day period, both the builder and purchaser must agree to continue the APS or it is automatically terminated and the builder must refund the deposit, with interest.  Purchasers wishing to continue their APS should refer to the Addendum and consult a lawyer.  Certain delays may be excluded from the calculation of the delay time e.g., delays caused by a strike, fire, flood, ‘act of God’ or civil insurrection.

1. Buyers who wish to make a deposit claim must do so in writing.  They should mail or fax their request to the Tarion corporate office and include a copy of the first page of their Agreement of Purchase and Sale.
2. Tarion will forward a deposit claim form which must be completed and returned by the buyer along with a copy of their cancelled deposit cheque.