The 7 day window: your right to cancel a pre-sale purchase

British Columbia gives you 7 days to cancel a pre-sale purchase for any reason at all. Section 21 of the Real Estate Development Marketing Act says a buyer may rescind within 7 days after the later of two dates: the date the purchase agreement was made, or the date the seller obtained your written statement confirming you had a chance to read the disclosure statement. You do not need a reason, you do not need the seller's agreement, and your deposit comes back.

That week is the most valuable thing you are given in a pre-sale purchase, and most buyers spend it doing nothing. This page is about using it properly.

The short version

  • The 7 days start from the later of the signing date or the date you gave written acknowledgement of the disclosure statement, so check both dates on your own paperwork.
  • You do not have to give a reason to cancel inside the window.
  • A material change after you sign can lead to a new or amended disclosure statement under section 16, which is worth watching for.
  • Use the week for the two things that cannot be undone later: a lawyer reading the contract, and a lender confirming what you can borrow.
  • After the window closes, your rights come from your contract rather than from the Act.

When the clock actually starts

The wording matters here because there are two possible start dates and the law takes the later one. The first is the date the purchase agreement was made. The second is the date the seller obtained a written statement from you acknowledging that you had an opportunity to read the disclosure statement.

In practice both usually happen in the same appointment, so the two dates are the same. They are not always. If you signed the agreement first and were given the disclosure statement afterwards, your week runs from the later event, which gives you more time than you might think.

Check the dates written on your own documents rather than relying on what you were told at the table. If they disagree, that is a question for your lawyer on day one, not on day six.

What to do with the seven days

Two things are worth paying for in that week, and both cost less than the deposit you have already handed over.

The first is a lawyer who reads the purchase agreement and the disclosure statement and tells you plainly what you have agreed to. The clauses that matter are rarely the ones you notice: what the seller may change without your consent, the outside completion date, whether you may assign the contract, and what happens if your financing falls through.

The second is a real conversation with a lender, not a rate quote. You want to understand what happens to your file if rates are higher at completion, what documents they will want then, and how a pre-sale purchase changes their assessment. A lender who has never handled a pre-sale purchase is a reason to find another lender while you still have a way out.

  • Get the purchase agreement and the disclosure statement to a lawyer on day one, not day five.
  • Ask the lawyer specifically about the outside completion date and the assignment clause.
  • Ask your lender what would happen to your approval if rates were two points higher at completion.
  • Confirm in writing who holds the deposit and on what terms.
  • Walk the actual street at two different times of day. The one thing a floor plan cannot show you is the neighbourhood.

What a material change does to your rights

The disclosure statement is not a one time document. Section 16 of the Act requires the seller, on becoming aware that the statement does not comply or contains a misrepresentation, to immediately file either a new disclosure statement or an amendment that clearly identifies and corrects the problem, and then to distribute it.

This is the mechanism that deals with changes after you sign. If something material about the home or the building changes, you should receive paperwork about it. Read it when it arrives rather than filing it, and take it to your lawyer if it touches anything you relied on.

Section 22 sits behind this. If a disclosure statement contains a misrepresentation, a buyer has a right to damages against the developer and others who signed or authorised it, unless the buyer already knew about the misstatement.

After the window closes

Once your 7 days are up, the Act stops being the source of your exit rights and your contract takes over. That is the honest summary, and it is why the week is worth so much.

The options that remain are the ones written into your agreement: cancelling if the outside completion date passes, assigning the purchase to another buyer if the seller consents, or negotiating an exit and accepting whatever that costs. None of them are as clean as a cancellation inside the window.

We have seen buyers treat the 7 days as a formality because they had already decided. The decision is not the problem. The problem is that a decision made without reading the contract is a decision made without knowing what you agreed to.

The clauses your lawyer should look at first

If your lawyer only has time to read part of the agreement before the window closes, these are the parts worth the hour. We list them in the order they tend to cause trouble later.

The outside completion date, and the circumstances in which the seller may push it back. The assignment clause, which decides whether you could ever sell the contract before completion. The clause describing what the seller may change without your consent, which on new homes often covers finishes, appliance brands, and sometimes the dimensions of a room within a stated tolerance. And the clause setting out what happens if you cannot complete, which is where you learn whether losing the deposit is the worst case or only the first consequence.

Then two smaller ones that buyers rarely think about. Whether the parking space and the storage locker are part of what you are buying or are allocated later, because a space allocated later is a space you have not bought. And whether the unit number in your contract is final, since numbering sometimes changes before the strata plan is registered and you want to be sure which home is yours.

  • The outside completion date, and the seller's power to extend it
  • Assignment: forbidden, allowed, or allowed with consent and a fee
  • What the seller may change without asking you
  • What happens if your financing fails at completion
  • Whether parking and storage are included or merely allocated
  • How deposit instalments are scheduled, and what a missed date triggers

A week is enough time, if you start on day one

Seven days sounds short. It is enough, and the reason buyers run out of it is that they spend the first three days deciding whether to bother.

A workable version looks like this. On day one you send the purchase agreement and the disclosure statement to a lawyer, and you book a call with your lender. On day two or three you get the lender's view on what happens to your file if rates are higher at completion. By day four or five you have the lawyer's read of the contract and a list of things you did not know you had agreed to. That leaves a day or two to put questions to the seller, get the answers in writing, and decide.

If a seller will not answer a reasonable question in writing inside that week, treat the silence as information. You are about to commit a large amount of money to something that does not exist yet, and how a company behaves now is the best evidence you will get about how it will behave when there is a problem two years from now.

One more thing about the week: use it to be honest with yourself about the home rather than only about the paperwork. Look at the floor plan again without the sales material next to it. Work out where a growing child sleeps, where the second car goes, and whether the room you were told was a den is a room anybody would want to sit in. Those questions get harder to ask once the deposit is paid.

Questions buyers ask

Seven days. Section 21 of the Real Estate Development Marketing Act allows a buyer to rescind a pre-sale purchase agreement within 7 days after the later of the date the agreement was made, or the date the developer obtained the buyer's written acknowledgement that they had an opportunity to read the disclosure statement.
No. The right to rescind under section 21 of the Real Estate Development Marketing Act is not conditional on a reason. You can change your mind about the price, the location, the layout or nothing in particular. What matters is that the notice is given within the 7 day period and in the manner your contract and the Act require.
The period in section 21 is expressed as 7 days rather than 7 business days, so treat weekends as counting and do not leave the notice until the last afternoon. Because the exact mechanics of delivering notice can matter, have your lawyer send it if there is any doubt about timing, and keep proof of when it was delivered.
Your week runs from the later of the two dates, so being given the disclosure statement after signing pushes the start of the 7 day period to the date you acknowledged receiving it. Section 15 of the Real Estate Development Marketing Act also requires the seller to provide the statement and obtain that written acknowledgement before entering the agreement at all.
Yes. A valid rescission under section 21 of the Real Estate Development Marketing Act unwinds the purchase, and the deposit held in trust under section 18 is returned to you. Because release from a trust account normally needs both parties to consent or a condition in the Act to be met, allow a little time for the mechanics rather than expecting it the same day.
Contracts for new homes usually allow the seller some latitude to make changes, and the limits are in your own agreement. What the law adds is disclosure: section 16 of the Real Estate Development Marketing Act requires a new or amended disclosure statement that clearly identifies and corrects a problem where the original statement no longer complies or contains a misrepresentation.
A material change is one that affects the facts a buyer would consider important, which is why section 14 of the Real Estate Development Marketing Act requires the statement to plainly disclose all material facts in the first place. If you receive an amendment, read it against what you relied on when you decided to buy, and take it to your lawyer if the two differ.
The rescission right in section 21 applies to development units marketed under the Real Estate Development Marketing Act, which covers pre-sale strata homes including multiplex units. A resale home bought from a private seller does not carry it. If you are unsure which set of rules applies to a specific purchase, ask the seller which disclosure statement was filed and when.
Yes, because the point of the week is not doubt, it is information. A lawyer reading the purchase agreement will find terms you did not know were there, and a lender will tell you how your file looks under rates you have not thought about. Both are cheap inside the window and impossible to act on outside it.
Fees are set by each firm rather than published centrally, so we will not quote you a figure as though it were fixed. Ask two or three firms that do pre-sale work for a flat quote to review the purchase agreement and disclosure statement inside your 7 day window, and confirm what is included before you instruct them.
The 7 day period in section 21 of the Real Estate Development Marketing Act is set by statute and is not something a buyer can extend unilaterally. What you can control is when the clock starts, because it runs from the later of signing and your written acknowledgement of the disclosure statement. Do not sign either document until you are ready to use the week.
Missing the 7 day period means the statutory right in section 21 is gone and your remaining options come from your purchase agreement. Those usually amount to assigning the contract with the seller's consent, or negotiating an exit and accepting the cost. This is the reason to send a cancellation notice early in the week rather than on the final day.

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Where these numbers come from

Every figure on this page comes from the body that issues it. Rules and rates change, so each entry says when we checked it.

  1. Real Estate Development Marketing Act, SBC 2004, c. 41. BC Laws, Queen's Printer for British Columbia. Accessed 29 August 2026.

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