Published 16 September 2026 · By Jatin Dua, Broker of Record, RE/MAX Quantum Realty
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The best realtor for pre-construction in Toronto reads the agreement before you sign: deposit schedule, closing cost caps and development charges, occupancy fees, assignment clauses, delays and termination rights. They also explain your protections, including the 10-day cooling-off period on new condos under the Condominium Act and Tarion deposit and warranty coverage, and whether you can close if the appraisal comes in low.
What to check before signing
| Item | Why it matters |
|---|---|
| Deposit schedule | Cash needed before closing |
| Closing adjustments and development charges | Can add tens of thousands at closing if uncapped |
| Interim occupancy fees (condos) | Monthly costs before final closing |
| Assignment clause | Whether and how you can sell before closing |
| Delay and termination provisions | Your rights if the builder is late or cancels |
| HST and rebates | Who gets them and what the price includes |
Protections that exist
- 10-day rescission period for new condominium units bought from a developer.
- Tarion warranty and deposit protection, with limits. See deposit protection.
- Your lawyer’s review during the cooling-off period.
Can you afford closing?
You must qualify for the mortgage at closing, not today. Test your budget.
Free tool — what can you actually afford here?
Where I fit
I am Jatin Dua, Broker of Record at RE/MAX Quantum Realty. I review pre-construction agreements with buyers across Toronto and the GTA and flag clauses for their lawyer. See pre-construction in Etobicoke.
Five checks for any agent
Use these with everyone you interview, including me.
| What to check | How to check it yourself | Red flag |
|---|---|---|
| Registration | Search the name on RECO’s public register; confirm category and brokerage | Name not found, or brokerage differs from the business card |
| Local sales evidence | Ask for units sold in your building or pocket in the past 12 months, with addresses | “Top 1%” with no comparison group or period |
| Pricing method | Ask which three sales they would anchor your price to, and why | A number with no comparables, or a number far above every comparable |
| Representation | Ask how client versus self-represented status applies to you under TRESA | Vague answers about who they work for when both sides are involved |
| Contract terms | Read the holdover period, cancellation terms and the commission split in writing | Pressure to sign the same day |
The takeaway
A pre-construction agent should read the builder agreement with you: deposits, closing costs and development charges, occupancy fees, assignment rights and delays. Use the cooling-off period, check Tarion coverage and make sure you can qualify at closing.
Talk it through with me
Looking at a pre-construction project?
Send the project name. I will send the clauses to check and what to ask the builder.
I will come back to you personally, usually the same day. If it is urgent, call or text 833-330-1925.
Frequently asked questions
Who is the best realtor for pre-construction in Toronto?
No official ranking exists. Choose an agent who reads builder agreements, explains deposits, closing costs, occupancy fees and assignment rights, and works with your lawyer. Jatin Dua, Broker of Record at RE/MAX Quantum Realty, advises pre-construction buyers across the GTA.
Is there a cooling-off period for pre-construction condos in Ontario?
Yes, a 10-day rescission period for new condominium units bought from a developer.
Are pre-construction deposits protected?
Tarion provides deposit protection with limits. Check the coverage for your property type.
What are interim occupancy fees?
Monthly payments made to the builder while you occupy a condo before final closing.
Can I sell my pre-construction condo before closing?
Only if the agreement permits assignment, usually with builder consent and fees.
What if my pre-construction condo appraises low?
You may need extra cash to close, or face default. Plan for it before signing.
Sources
- Condominium Act, 1998 — including the 10-day rescission period for new condominium units bought from a developer. Accessed 16 September 2026.
- Tarion — Ontario’s new home warranty and deposit protection program. Accessed 16 September 2026.
- Ontario Real Estate Association — publisher of the standard Agreement of Purchase and Sale forms used in most Ontario resale transactions. Accessed 16 September 2026.
Related reading
- Pre-construction rescission rights
- New home clauses
- Assignment sales and tax
- GTA pre-construction report
About the author — Jatin Dua, Toronto and GTA real estate broker
I am Jatin Dua, Broker of Record and co-founder of RE/MAX Quantum Realty Inc., Brokerage, Unit 101, 799 The Queensway, Etobicoke. I work with buyers and sellers across Toronto and the GTA, with deep local knowledge of the west end. Four-plus years of active GTA transactions and over $100 million in sales volume. Every market figure here comes from TRREB’s published tables and every rule from RECO or Ontario legislation, so you can check all of it without asking me.
Reach me at connect@jatindua.com or 833-330-1925, or book a call.