Steal My APS Checklist
Reading Time: 4 minutes
Before you submit or accept an offer, use this Quick APS Checklist to catch common issues before they become problems.
I’ve reviewed over 1,000 Agreements of Purchase and Sale by now.
And over time, you develop a rhythm—your eyes go straight to certain sections, almost without thinking.
Because these are the sections where, from experience, I know small oversights can turn into big problems.
Of course, they’re not the only things I review—but they’re always the first.
So, I’ve put together a checklist of the first things I look at whenever a new APS hits my desk.
If you’re drafting an offer, or reviewing one on behalf of your client, this list is a great way to make sure you haven’t missed something important.
Here’s my go-to APS checklist:
1. Purchase Price
- Is the price actually what your client intends to offer or accept?
- Confirm the number and written words match.
(happens more than you'd think).
2. Deposit
- Check how it’s described: “upon acceptance,” “herewith,” or “as otherwise described.”
- “Upon acceptance” means it’s due within 24 hours of acceptance.
- Make sure the timeline works—account for weekends, holidays, and banking hours.
3. Completion Date
- Make sure it falls on a business day—not a weekend or statutory holiday.
- If it’s a Friday, be cautious—any delays are more costly.
4. Rental Items
- Check Clause 6—are any rental items listed?
- If it’s blank, the buyer assumes nothing, and the seller has to buy out any contracts.
- Don’t rely on the MLS Listing—rental items must be listed in the APS to form part of the deal.
5. HST
- This clause should usually say HST is “included in.”
- If the property is not a "used residential" property, get further tax advice.
6. Title Search Date
- The title search date should usually fall 7–14 days before closing.
- If the completion date changed during negotiations, make sure the title search date was updated too.
7. Schedule A
- Go straight to the conditions—are there any?
- Check when they’re due, and whether they’re precedent (must be fulfilled to proceed) or subsequent (deal stands unless terminated).
- If there are none, confirm the client understands the deal is firm.
These checks take less than five minutes—but they can save you hours of cleanup later.
What are your go-to checks when reviewing an offer? Anything you think I missed?
Hit reply—I’d love to hear your process.
Zachary Soccio-Marandola
Real Estate Lawyer
Direct: (647) 797-6881
Email: zachary@socciomarandola.com
Website: socciomarandola.com
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