Deposits & Contracts

How Pre-Construction Deposit Structures Actually Work

Why your deposit isn't just "a percentage down" — how staged deposits are scheduled, where the money actually sits, and what's negotiable before you sign.

7 min read

Most buyers walk into a pre-construction purchase expecting a deposit to work the way it does on a resale home: one number, due once. Pre-construction deposits are staged over months or years, and understanding how that schedule is built — and where the money actually goes while you wait — changes how you should be reading any agreement in front of you.

It's staged, not a lump sum

Condo deposits typically total somewhere between 15% and 20% of the purchase price, broken into scheduled instalments — commonly something like 5% on signing, followed by further 5% instalments at set intervals over the following months or years leading up to occupancy. Freehold and townhome deposits often move on a different, sometimes faster, schedule. The total and the pacing both vary by builder and by how a project is selling.

Where your deposit actually goes

Deposit funds on a condo purchase are generally required to be held in trust — typically by a lawyer or licensed trust company acting as trustee — until they're released under the specific trust conditions in your agreement, rather than handed straight to the builder to spend. Some builders instead post security, such as a letter of credit or deposit insurance, in place of holding your actual cash in trust. Both structures exist; which one applies to your purchase is worth confirming directly rather than assuming.

  • Ask who the trustee actually is, by name, not just "a lawyer."
  • Ask what conditions release the funds from trust, and when.
  • If security is posted instead of cash held in trust, ask what that security actually is and who backs it.

Deposit protection if something goes wrong

CondoFreehold / Towns
Typical deposit15–20% of purchase price, stagedVaries, often a different schedule than condos
Where funds sitTrust (lawyer/trust company) or posted securityVaries by builder and structure
Protection if the project falls throughStatutory deposit protection under Ontario's new home warranty framework, up to program limitsProtection framework and limits differ — confirm for the specific builder and structure

Program limits and the specifics of what's covered do change, and coverage details differ between condo and freehold structures — confirm the current limits and exactly what's protected for your specific purchase before you rely on a number you read somewhere else, including this page.

What's actually negotiable

Deposit size and pacing are often more flexible than buyers assume, especially outside of a project's hottest early release. In slower-absorption periods, an extended or reduced deposit structure is frequently one of the first things a builder will move on, sometimes before they'll move on price at all.

Andy's Take

Buyers tend to treat the deposit schedule on the first page of the agreement as fixed, when in a lot of markets it's the most negotiable line in the whole document. I've had builders extend a deposit schedule by months, or shave a few points off the total, well before they'd consider dropping the unit price itself. It costs nothing to ask before you sign.

Have a real estate lawyer review the trust conditions and deposit protection provisions in your specific agreement before firm signing — this is general information, not a substitute for that review.

General information, not legal or tax advice — rules and thresholds change. Confirm current details with the CRA, your lawyer, or your accountant before relying on anything above.

Andy Nagpal · 380 Wellington Street, Tower B, 6th Floor, Suite A, London, ON N6A 5B5 · 548 490 4577

Andy Nagpal is a Real Estate Broker registered with the Real Estate Council of Ontario (RECO) under the Trust in Real Estate Services Act, 2002, trading as eXp Realty, Brokerage. Pre-construction pricing, incentives, deposit structures and availability are set by the builder and are subject to change or withdrawal without notice. E. & O.E. This is not an offer for sale; any such offer can only be made with a builder's disclosure statement and agreement of purchase and sale. Not intended to solicit buyers or sellers currently under contract with another brokerage.