Three things, and two of them contradict what you have probably been told. You are not entitled to a copy of the appraisal even though you paid for it — the Appraisal Institute of Canada states the appraiser’s client is the lender and written lender authorisation is needed to release it to anyone else, and no Canadian rule overrides that. The “lesser of purchase price and appraised value” rule is not in OSFI B-20; the ceiling comes from section 418(1) of the Bank Act, which limits a bank loan to 80 per cent of the value, combined with the Insurable Housing Loan Regulations, under which insured value “must not exceed… the purchase price”. And you cannot appeal the number — AIC’s review process expressly cannot “provide an opinion on the final opinion of value” or force a new report. The published route is a private review appraisal.
You agreed a price, your lender ordered an appraisal, and the number came back below what you agreed to pay. Your financing is now short and the clock on your condition is running. Here is what is actually true about that, including several things the industry repeats that are not.
You paid for it and you are not entitled to see it
This is the first surprise and it is worth stating flatly. The Appraisal Institute of Canada publishes the position on its own consumer page:
“Often when a report is completed for mortgage lending purposes, the homeowner is required to pay the appraisal fee but the appraiser’s client is the lending institution… The AIC member will need written authorization from the lender – their client – to release the report to any third party – including the person who paid for the report.”
The rule behind it is CUSPAP 5.9.2, which limits disclosure of the analyses, opinions and conclusions to the authorised client and parties the client and the appraiser authorise. AIC’s consumer guide adds that “anyone wishing to obtain a copy of the appraisal report must contact the appraiser’s client.”
There is no Canadian equivalent of the American rule that entitles a borrower to a copy of an appraisal they paid for. I checked OSFI Guideline B-20, the Bank Act, the Financial Consumer Protection Framework Regulations and FCAC’s mortgage pages. None of them creates that right, and AIC states the opposite expressly. Whether you get a copy is, in AIC’s words, “a business decision by your lender/mortgage broker.” Ask, in writing, early — but do not assume you can insist.
What federal law does require is disclosure of the charge. Under section 48(1)(e) of the Financial Consumer Protection Framework Regulations, an appraisal charge is part of the disclosed cost of borrowing where the service is “required by the institution”. Section 48(2)(g) excludes appraisal services “provided directly to the borrower”. So the fee is disclosed; the report is not.
Why the shortfall arises, and where the rule actually lives
A correction to something you will read everywhere. The rule that “loan-to-value is calculated on the lesser of purchase price and appraised value” does not appear in OSFI Guideline B-20. B-20 does not use the phrase “purchase price” at all. The result is real, but it comes from two different instruments working together, and the difference matters if you ever need to argue about it.
The statutory ceiling runs on value, not price. Section 418(1) of the Bank Act prohibits a bank from making or refinancing a residential mortgage loan where the loan plus prior charges “would exceed 80 per cent of the value of the property at the time of the loan.” If the appraisal establishes a lower value than your price, the eighty per cent is taken on the lower number, and the gap falls to you in cash. That is the whole mechanism and it follows from one sentence of statute.
For an insured loan, the regulation caps value at the price. Subsection 1(1) of the Insurable Housing Loan Regulations defines the value of the eligible residential property as a value “verified using a method that is generally accepted by prudent lenders, insurers or professional residential property appraisers”, and then provides that where the purpose of the loan includes a purchase, “the value must not exceed… the purchase price of the property” (or the price plus the estimated cost of planned improvements).
Put the two together and the practical effect is the familiar one, but state it accurately: a verified appraisal below the price becomes the value, while an appraisal above the price cannot lift the value above the price. It is a ceiling, not a formula. The regulation never uses the words “lesser of”.
Subsection 1(2) lists what counts as verification: a statistically reliable and up-to-date valuation model, a fair-market-value appraisal by an appraiser independent of the borrower, a drive-by appraisal, or a review of comparable properties. Note that a full interior appraisal is only one of four.
CMHC acknowledges the event in one sentence on its mortgage-professional page: “From time to time, the property value assessment will not support the loan amount requested.”
The awkward mismatch nobody points out
The lending limit runs on value. The down payment rule runs on price. FCAC publishes the minimum down payment as five per cent of a purchase price of $500,000 or less; five per cent of the first $500,000 plus ten per cent of the portion above it up to $1.5 million; and twenty per cent at $1.5 million or more. Those are all expressed on the purchase price.
So when an appraisal comes in low, you are not failing the down payment test — you are failing the loan-to-value test, and the cash required to fix it is the difference between the two bases. Being precise about which rule you are failing is how you have a useful conversation with a lender rather than a circular one.
What OSFI actually requires of the lender
Guideline B-20 is dated 31 October 2017 and in force from 1 January 2018. It has not been reissued since — what exists after it is supplementary material that does not amend the guideline. Principle 4 is the relevant part.
| B-20 requirement | What it says |
|---|---|
| No single method | “In general, FRFIs should not rely on any single method for property valuation” — the process “can include various methods such as on-site inspections, third-party appraisals and/or automated valuation tools” |
| Appraiser independence | Third-party appraisers “should be independent from the mortgage acquisition, loan processing and loan decision process” |
| Qualifications | Appraisers should be “designated, licensed or certified, and meet qualification standards” |
| Automated tools | Where automated valuation tools are used, processes should monitor “their on-going effectiveness” and controls should ensure they are “used appropriately by lending officers” |
| Challenge the assumptions | Lenders should maintain a framework “for critically reviewing and, where appropriate, effectively challenging the assumptions and methodologies underlying valuations and property appraisals” |
| Conservatism in hot markets | “In markets that have experienced rapid house price increases, FRFIs should use more conservative approaches to estimating the property value for LTV calculations and not assume that prices will remain stable or continue to rise” |
| Recalculate on refinancing | “The LTV ratio should be re-calculated upon any refinancing” |
Two of those are usable. B-20 says the lender should not rely on a single method and should have a framework for challenging valuations. That is not a right of appeal, but it is a published expectation you can name when you ask a lender to look again.
OSFI also published a view on appraisal timing on 17 July 2025 that matters for pre-construction: “Any valuation, whether based on a blanket appraisal or otherwise, that did not reflect the current price level at the time of mortgage origination would not meet these expectations.” If you signed a pre-construction agreement years ago and are closing now, the contract value is not the value.
Appraisers are not licensed in Ontario
AIC’s own FAQ: “There are two provinces in Canada that require an appraiser to have a license: Nova Scotia and New Brunswick.” Ontario is not one of them. AIC describes itself as “a successful example of a self-regulating organization.”
Note that B-20 requires appraisers to be “designated, licensed or certified”. The disjunctive is doing real work in a province with no licensing regime.
You cannot appeal the number to AIC
This is the correction most worth having. AIC’s Professional Practice Review Process is about compliance with CUSPAP, not about value. AIC publishes what it cannot do:
“The AIC PPRP cannot… provide an opinion on the final opinion of value… award financial compensation for damages… review a member’s fees and disbursements… order a refund of money or of fees… compare two reports and provide an opinion on which report is ‘better’… conduct a new report… force a Member to re-do a report or prepare a new report.”
And: “The resolution of a Professional Practice Review file is not subject to appeal by the Complainant.” AIC’s self-regulation page says the same in one line: the process “does not arbitrate or determine value”.
Filing a complaint is not a route to a different number. The published route to contest a value is a private one: engage a review appraiser to perform a technical Appraisal Review under the CUSPAP Review Standard. AIC recommends exactly that, repeatedly, on the same page.
For scale, AIC publishes its discipline volumes. For the calendar year 2025: fifteen files resolved, sixteen members sanctioned, comprising eleven education orders, thirteen peer reviews, three fines totalling $3,500, and four reprimands. Nationally, for a whole year.
One genuinely useful CUSPAP provision if you suspect a value was steered: section 5.12.1 makes it unethical to accept an assignment where compensation is contingent on “reporting a predetermined value”, on “a direction in value that favours an Authorized Client as a result of bias”, on “the amount of the value opinion”, on “the attainment of a stipulated result”, or on “the occurrence of a subsequent event”. That is a conduct question, and it is the kind AIC will look at.
Your financing condition is not standard-form wording
The OREA Agreement of Purchase and Sale, Form 100, contains no preprinted financing condition. I read the 2015 and 2022 revisions. The pre-set portion covers deposit, irrevocability, notices, title search, completion and adjustments. There is no financing clause. Schedule A is blank beneath a single line: “Buyer agrees to pay the balance as follows:”
So whatever financing protection you have is added text, and clause 26 provides that “if there is conflict or discrepancy between any provision added to this Agreement (including any Schedule attached hereto) and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set portion”.
The practical consequence: a financing condition and an appraisal condition are not the same thing, and whether yours protects you against a low appraisal depends entirely on how it was drafted. Some clauses are satisfied once a lender approves any amount. Read yours, today, before the condition date. OREA restricts reproduction of its forms to members and licensees, which is why I have not reproduced any specific clause wording here — ask your agent to walk you through the exact words in your own schedule.
RECO’s buyer checklist is short but blunt on the point: make your offer conditional on mortgage financing among other things, and “it can be tempting to waive your conditions… Think twice before doing this.”
If you cannot close, the deposit is not automatically yours back
RECO states the rule:
“A brokerage can only release the deposit to the buyer when both the buyer and seller sign an agreement pertaining to release of the funds, or a court makes an order to disburse the funds.”
And, importantly: “you should know that the court will investigate why the transaction did not close, and there is no guarantee the court will decide that the buyer is entitled to a return of the full deposit.”
The brokerage’s hands are genuinely tied. The Act requires a brokerage to deposit trust money into a designated trust account, keep it separate, and “disburse the money only in accordance with the terms of the trust”. Where entitlement remains undetermined after two years, the money goes to the Minister of Finance or the administrative authority, without prejudice to anyone’s claim.
RECO’s consumer deposit insurance does not cover this. It responds to brokerage theft, fraud, insolvency or misappropriation, up to $200,000 per claim. It expressly does not apply where funds are held in dispute between the parties rather than missing. A deposit stuck because a deal collapsed is a contract dispute, not an insurance claim.
How often does this happen? Nobody publishes it
I searched OSFI, CMHC, the Bank of Canada, Statistics Canada, AIC and CREA for any published Canadian figure on how often appraisals come in below the agreed price, or how often financing conditions fail. There is none. Any percentage circulating in Canadian real estate or mortgage commentary is either American-derived or unsourced.
The one adjacent published number, from OSFI on 17 July 2025: “Between 2022 and 2024, 1.2% of mortgage originations were to purchase newly built condos. As of February 2025, 1.4% of all outstanding mortgages were used to fund newly built condo purchases.” That measures the pre-construction segment, not appraisal gaps.
And no, I am not going to tell you what an appraisal costs in Ontario. AIC declines to publish a fee schedule and states that a fee “is not determined by the value of the property being appraised and is generally a flat fee determined by the complexity of the assignment and number of hours required”, to be “negotiated prior to starting the appraisal assignment”. Every dollar figure in circulation traces to a lender or brokerage blog. AIC’s own direction is to ask your lender what the appraisal fee will be.
What I would do, in order, starting today
- Read your own financing condition before anything else. Not a summary of it. The words. It is added text in a schedule, not standard-form wording, and whether it covers a valuation shortfall depends entirely on how it was written.
- Ask the lender in writing for a copy of the appraisal and for the reasons. You are not entitled to it, but AIC says it is the lender’s business decision, and lenders often say yes when asked plainly and early.
- Ask what valuation method was used. The insurable-loan regulation accepts four: a valuation model, a full appraisal, a drive-by, or a comparables review. A drive-by or an automated value that missed a finished basement or a renovation is a different conversation from a full interior appraisal.
- Ask the lender to review, citing B-20 Principle 4. OSFI expects lenders to maintain a framework for “critically reviewing and, where appropriate, effectively challenging the assumptions and methodologies underlying valuations”, and states they should not rely on a single method. That is not a right of appeal, but it is a published expectation with a name.
- Get a second lender to look at it. Different lenders order different appraisals from different appraisers and are permitted to use different verification methods. This is usually faster than arguing with the first one.
- If you want the number itself challenged, that is a review appraiser, not a complaint. AIC cannot and will not opine on value.
- Talk to the seller before your condition expires, not after. Once the condition is waived the deposit conversation becomes a court conversation, and RECO warns the court investigates why the deal did not close.
- Do not waive to win a bidding war and sort it out later. RECO’s own words: think twice.
What is not on this page
No case law — nothing on deposit forfeiture or damages, because I have not read those decisions. No appraisal cost, because AIC does not publish one. No appraisal-gap frequency, because no Canadian body measures it. And no quoted financing-condition wording, because the standard form does not contain any.
Appraisal short on a purchase in Etobicoke or the GTA?
Send me the address, the agreed price and the condition date. I will pull the sold comparables the appraiser should have been working from and tell you plainly whether the number looks defensible or whether it is worth asking the lender to review. If your condition date is close, that is the first thing I will tell you. No cost and no obligation.
connect@jatindua.com · 437-987-1925 · Book a free consultation
Confidential. Read personally and answered within 24 hours. I never share, sell or distribute your information.
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Frequently asked questions
Can I get a copy of the appraisal I paid for?
Not as of right. The Appraisal Institute of Canada states that where an appraisal is completed for mortgage lending purposes the appraiser’s client is the lending institution, and that the appraiser needs written authorisation from the lender to release the report to any third party including the person who paid for it. The underlying rule is CUSPAP section 5.9.2. I checked OSFI Guideline B-20, the Bank Act, the Financial Consumer Protection Framework Regulations and FCAC’s mortgage material: no Canadian instrument creates a right to the report. AIC describes it as a business decision by your lender or broker, so ask early and in writing.
Is the mortgage based on the purchase price or the appraised value?
On value, and the rule is statutory. Section 418(1) of the Bank Act prohibits a bank from making a residential mortgage loan where the loan plus prior charges would exceed 80 per cent of the value of the property at the time of the loan. Separately, for an insured loan, subsection 1(1) of the Insurable Housing Loan Regulations provides that where the purpose of the loan includes a purchase the value must not exceed the purchase price. Combined, a verified appraisal below the price becomes the value, while an appraisal above the price cannot lift value above the price.
Is the lesser-of rule in OSFI B-20?
No, and this is worth correcting. Guideline B-20 does not contain that rule and does not use the phrase purchase price at all. The ceiling on value comes from section 418(1) of the Bank Act and the cap at purchase price comes from the Insurable Housing Loan Regulations. The regulation is drafted as a ceiling rather than as a lesser-of formula, and describing it accurately matters if you ever need to argue the point with a lender.
Can I appeal a low appraisal?
Not to the Appraisal Institute of Canada. AIC publishes that its Professional Practice Review Process cannot provide an opinion on the final opinion of value, cannot award compensation, cannot compare two reports and say which is better, and cannot force a member to redo a report or prepare a new one. It also states that the resolution of a review file is not subject to appeal by the complainant. AIC’s own self-regulation page says the process does not arbitrate or determine value. The published route to contest a value is to engage a review appraiser for a technical appraisal review under the CUSPAP Review Standard.
Are real estate appraisers licensed in Ontario?
No. The Appraisal Institute of Canada states that only two provinces require an appraiser to hold a licence, Nova Scotia and New Brunswick. Ontario is not among them, and AIC describes itself as a self-regulating organisation. Note that OSFI Guideline B-20 requires appraisers used by federally regulated lenders to be designated, licensed or certified, which is a disjunctive requirement that a designation satisfies in a province with no licensing regime.
Does my financing condition protect me against a low appraisal?
It depends entirely on how it was drafted, because it is not standard-form wording. The OREA Agreement of Purchase and Sale, Form 100, contains no preprinted financing condition, and Schedule A is blank beneath the line requiring the buyer to set out how the balance will be paid. Any financing protection is added text, and clause 26 provides that an added provision supersedes the pre-set portion where they conflict. Some financing clauses are satisfied once a lender approves any amount. Read the exact words in your own schedule before the condition date.
What happens to my deposit if I cannot close because the appraisal was low?
It is not automatically returned. RECO states that a brokerage can release a deposit only where both buyer and seller sign an agreement about release of the funds, or a court makes an order to disburse them, and warns that the court will investigate why the transaction did not close with no guarantee the buyer recovers the full deposit. The brokerage is bound by the trust-account provisions of the Act to disburse only in accordance with the terms of the trust.
Does RECO consumer deposit insurance cover a deposit stuck in a failed deal?
No. RECO’s consumer deposit insurance responds to brokerage theft, fraud, insolvency or misappropriation of funds, up to $200,000 per claim with no deductible. It expressly does not apply where funds are held in dispute between the parties rather than missing. A deposit held because a transaction collapsed is a contract dispute, not an insurance claim.
How often do appraisals come in low in Canada?
Nobody publishes it. I searched OSFI, CMHC, the Bank of Canada, Statistics Canada, the Appraisal Institute of Canada and CREA and found no published Canadian figure for appraisal shortfalls or failed financing conditions. Any percentage circulating in Canadian real estate or mortgage commentary is either American-derived or unsourced. The nearest published Canadian figure is OSFI’s, that between 2022 and 2024 1.2 per cent of mortgage originations were to purchase newly built condominiums, which measures a different thing.
What does an appraisal cost in Ontario?
The Appraisal Institute of Canada declines to publish a fee schedule and I am not going to substitute a number for its silence. AIC states that an appraiser’s fee is not determined by the value of the property and is generally a flat fee determined by the complexity of the assignment and the hours required, and that the fee should be negotiated before the assignment begins. AIC also directs consumers to ask their lender what the appraisal fee will be, since a federally regulated lender must disclose it as part of the cost of borrowing.
I bought pre-construction years ago and the appraisal is short at closing. Is that normal?
It is a known issue and OSFI has addressed it. In a note published 17 July 2025 OSFI stated that a significant time lapse between the valuation date and mortgage origination, which is more likely with new build condominium purchases, can result in outdated contract values or appraisals, and that any valuation which did not reflect the current price level at the time of mortgage origination would not meet its expectations. The price in your agreement is not the value for lending purposes.
Related reading
- Cannot close your assignment sale? The HST sentence and the flipping rule
- No equity in your house? What happens when the sale will not cover the mortgage
- GTA pre-construction market report: Fall 2026
- Toronto West market report, July 2026
Sources
Every figure on this page traces to one of these, and each was read on 1 September 2026. Primary sources only — statute, regulation, and the government or agency that administers the rule. Where I could not verify something from a primary source, the page says so instead of guessing.
- For residential property owners — Appraisal Institute of Canada. Appraisal Institute of Canada, read 31 August 2026. States that where an appraisal is completed for mortgage lending the appraiser’s client is the lender, that written authorisation from the lender is needed to release the report to any third party including the person who paid for it, that the approved mortgage amount is based on the appraised value rather than the purchase price, and that an appraiser’s fee is not determined by the value of the property. Accessed 1 September 2026.
- A Consumer’s Guide to Understanding the Residential Appraisal Process (PDF) — AIC. Appraisal Institute of Canada, 2018. States that anyone wishing to obtain a copy of the appraisal report must contact the appraiser’s client, and that the fee should be negotiated before the assignment starts because it depends on the complexity of the work. Accessed 1 September 2026.
- Canadian Uniform Standards of Professional Appraisal Practice, 2026 edition — AIC. Appraisal Institute of Canada, effective 1 April 2026. Section 5.9.2 restricts disclosure of analyses, opinions and conclusions to the authorised client and parties it authorises. Section 5.12.1 makes it unethical to accept an assignment where compensation is contingent on a predetermined value, a direction in value, the amount of the value opinion, a stipulated result, or a subsequent event. Accessed 1 September 2026.
- Addressing your concerns — Appraisal Institute of Canada. Appraisal Institute of Canada, read 31 August 2026. States that the Professional Practice Review Process cannot provide an opinion on the final opinion of value, award compensation, review fees, order a refund, compare two reports, or force a member to redo a report, and that its resolution is not subject to appeal by the complainant. Reports fifteen files resolved and sixteen members sanctioned for the calendar year 2025. Accessed 1 September 2026.
- Self-regulation — Appraisal Institute of Canada. Appraisal Institute of Canada, read 31 August 2026. Describes AIC as a self-regulating organisation guided by its bylaws, regulations, CUSPAP and a code of conduct, and states that the complaint resolution process does not arbitrate or determine value. Accessed 1 September 2026.
- Frequently asked questions, becoming an appraiser — AIC. Appraisal Institute of Canada, read 31 August 2026. States that only two provinces in Canada require an appraiser to hold a licence, Nova Scotia and New Brunswick. Ontario is not among them. Accessed 1 September 2026.
- Guideline B-20, Residential Mortgage Underwriting Practices and Procedures — OSFI. Office of the Superintendent of Financial Institutions, dated 31 October 2017 and in force 1 January 2018. Principle 4 requires sound collateral management and appraisal processes, requires third-party appraisers to be independent from the mortgage acquisition, loan processing and loan decision process, requires controls over automated valuation tools, and states that lenders should not rely on any single method for property valuation. The guideline has not been reissued since October 2017. Accessed 1 September 2026.
- OSFI’s view on blanket appraisals and appraisal timing. Office of the Superintendent of Financial Institutions, 17 July 2025. States that any valuation which did not reflect the current price level at the time of mortgage origination would not meet OSFI’s expectations, and reports that between 2022 and 2024 1.2 per cent of mortgage originations were to purchase newly built condominiums. Accessed 1 September 2026.
- Bank Act, S.C. 1991, c. 46, section 418. Justice Laws Website, Government of Canada, read 1 September 2026. Prohibits a bank from making or refinancing a residential mortgage loan where the loan plus prior charges would exceed 80 per cent of the value of the property, subject to the insurance exception in subsection (2). Accessed 1 September 2026.
- Insurable Housing Loan Regulations, SOR/2012-282, subsection 1(1). Justice Laws Website, Government of Canada, current to 21 June 2026, last amended 27 February 2025. Defines the value of the eligible residential property as a value verified by a generally accepted method, and provides that where the purpose of the loan includes a purchase the value must not exceed the purchase price. Subsection 1(2) lists the accepted verification methods. Accessed 1 September 2026.
- Down payment — Financial Consumer Agency of Canada. Government of Canada, page modified 15 October 2025. Sets the minimum down payment as five per cent of a purchase price of $500,000 or less, five per cent of the first $500,000 plus ten per cent of the portion above it between $500,000 and $1.5 million, and twenty per cent at $1.5 million or more. Accessed 1 September 2026.
- Your home value — CMHC. Canada Mortgage and Housing Corporation, read 31 August 2026, no publication date shown. States that from time to time the property value assessment will not support the loan amount requested. Accessed 1 September 2026.
- Buyer’s checklist — RECO. Real Estate Council of Ontario, read 31 August 2026, no publication date shown. Advises buyers to make an offer conditional on mortgage financing, a home inspection or the sale of an existing home, and warns that where it is tempting to waive conditions such as a home inspection, buyers should think twice before doing this. Accessed 1 September 2026.
- The deal did not close. What happens to my deposit_ — RECO. Real Estate Council of Ontario, no publication date shown on the page. States that a brokerage can release a deposit only where both buyer and seller sign a release or a court orders disbursement, and that a court will investigate why the transaction did not close with no guarantee the buyer recovers the full deposit. Accessed 1 September 2026.
- Consumer deposit insurance, frequently asked questions — RECO. Real Estate Council of Ontario, read 31 August 2026, no publication date shown. States that consumer deposit insurance responds to brokerage theft, fraud, insolvency or misappropriation up to $200,000 per claim, and does not apply where funds are held in dispute between the parties rather than missing. Accessed 1 September 2026.
- OREA Form 100, Agreement of Purchase and Sale, revised 2022. Ontario Real Estate Association standard form, read from licensee-reproduced copies of the 2015 and 2022 revisions. The pre-set portion contains no financing condition and Schedule A is blank beneath the line requiring the buyer to set out how the balance will be paid. Clause 26 provides that an added provision supersedes the pre-set portion where they conflict. OREA restricts reproduction to members and licensees, so verify against a current licensee copy. Accessed 1 September 2026.
About the author — Jatin Dua, Etobicoke real estate agent
I’m the Broker of Record at RE/MAX Quantum Realty, 799 The Queensway in Etobicoke. I write these pages the same way I work a file: read the primary source, quote it, date it, and say plainly where the source is silent or where two sources disagree. If a figure on this page has no citation beside it, that is a mistake and I want to hear about it.
I work with buyers, sellers, renters and investors across Etobicoke, Mimico, Humber Bay Shores, New Toronto, Long Branch, Alderwood and Stonegate–Queensway. connect@jatindua.com or 437-987-1925.