BC Real Estate Laws & Regulations

The Home Buyer Rescission Period Explained

By Aman NandaUpdated February 20265 min read

What Is the Home Buyer Rescission Period?

The Home Buyer Rescission Period (HBRP) is a mandatory cooling-off period that gives buyers in British Columbia 3 business days to withdraw from a purchase after signing a contract of purchase and sale — without needing to meet any conditions.

Introduced in January 2023 under the Property Law Act, this policy was designed to protect buyers from making rushed decisions in a competitive real estate market. Before the rescission period, buyers who signed a contract had no legal way to back out unless they had included specific subjects (conditions) in their offer.

Key Takeaway

Every residential buyer in BC gets 3 business days after their offer is accepted to rescind the contract. If you exercise this right, you pay a 0.25% rescission fee of the purchase price to the seller — but you are released from the contract entirely.

How the Rescission Period Works

Here's a step-by-step breakdown of how the rescission period works in a typical BC real estate transaction:

1

Your offer is accepted

When the seller accepts your offer and the contract of purchase and sale is fully executed (all parties have signed), the rescission period clock starts.

2

The 3 business day window begins

You have 3 full business days to decide whether to proceed. Business days exclude weekends and statutory holidays. The period starts the day after the contract is accepted.

3

You can choose to rescind

If you change your mind for any reason, you can deliver a written rescission notice to the seller (or their agent) before 11:59 PM on the third business day. You don't need to give a reason.

4

Pay the 0.25% fee

If you rescind, you must pay the seller a fee equal to 0.25% of the purchase price. On a $900,000 home, that's $2,250. This amount is deducted from your deposit.

Calculate Your Rescission Fee

See your exact rescission fee and deadline dates with my free calculator.

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Rescission Fee at Different Price Points

The 0.25% rescission fee scales with the purchase price. Here's what it looks like at common Surrey and BC price points:

Purchase Price0.25% Rescission Fee
$500,000$1,250
$750,000$1,875
$900,000$2,250
$1,000,000$2,500
$1,200,000$3,000
$1,500,000$3,750
$2,000,000$5,000

While the fee is relatively small compared to the purchase price, it provides real compensation to the seller for the disruption of having to relist their property and potentially miss other buyers.

When the Rescission Period Applies (and When It Doesn't)

The rescission period applies to most residential real estate transactions in BC, but there are important exceptions:

The rescission period APPLIES to:

  • Detached houses, townhomes, condos, and other residential properties
  • Pre-sale (presale) condo and townhome purchases
  • Residential property on leased land
  • Properties purchased at auction (with some conditions)

The rescission period does NOT apply to:

  • Commercial and industrial properties
  • Properties sold by court order
  • Properties transferred between related parties (e.g., family transfers)
  • Properties sold through a tax sale
  • Lease agreements (only purchases)

⚠️ Subjects vs. Rescission Period

The rescission period is separate from subject conditions. Even if your offer has no subjects (a “clean offer”), you still get the 3 business day rescission period. And even if you include subjects with longer timelines, the rescission period runs independently.

How to Count the 3 Business Days

Counting the rescission period correctly is crucial. Here's how the timing works:

  • Day 0 — The day the contract is fully executed (all parties have signed). This does NOT count as one of the 3 days.
  • Day 1 — The first full business day after execution. The clock starts here.
  • Day 2 — The second business day.
  • Day 3 — The last day to deliver your rescission notice. Must be received by 11:59 PM.

💡 Business Day Definition

Business days exclude Saturdays, Sundays, and BC statutory holidays (New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, BC Day, Labour Day, National Day for Truth and Reconciliation, Thanksgiving, Remembrance Day, Christmas Day, and Boxing Day).

Example: If your offer is accepted on Wednesday evening, Day 1 is Thursday, Day 2 is Friday, and Day 3 is Monday (Saturday and Sunday don't count). You would need to deliver your rescission notice by 11:59 PM on Monday.

Impact on Buyers and Sellers

The rescission period affects both sides of a real estate transaction differently:

For buyers:

  • Provides a safety net if you made a hasty decision
  • Gives time to get a home inspection or review financing even after a clean offer
  • Reduces pressure in competitive bidding situations
  • The 0.25% fee is a small price for peace of mind

For sellers:

  • Creates 3 days of uncertainty after accepting an offer
  • The 0.25% fee compensates for the disruption if a buyer walks away
  • May affect negotiation strategy and timing of backup offers
  • Some sellers prefer offers from buyers who have already done due diligence

In my experience working with both buyers and sellers in Surrey, the rescission period has actually made transactions smoother overall. Buyers feel more confident making offers, and the instances of buyers actually rescinding are relatively rare — it's primarily a safety net that gives people peace of mind.

If you're making an offer on a home, understanding the BC Contract of Purchase and Sale is also important for knowing your rights and obligations as a buyer.

Frequently Asked Questions

The Home Buyer Rescission Period gives BC home buyers 3 business days after signing a contract to withdraw from the purchase for any reason. If you rescind, you pay the seller a fee of 0.25% of the purchase price.
The rescission period is 3 business days, starting the day after the contract is fully executed. Business days exclude weekends and statutory holidays in BC.
The rescission fee is 0.25% of the purchase price. For example, on a $900,000 home the fee would be $2,250. On a $1,200,000 home it would be $3,000.
No. The rescission period is mandatory under BC law and cannot be waived by either party. It applies to all residential purchase contracts in BC, regardless of what the contract says.
Yes. The rescission period applies to presale (pre-sale) condo and townhome purchases in BC, just as it applies to resale residential properties.
If you rescind, the 0.25% fee is deducted from your deposit and paid to the seller. The remainder of your deposit is returned to you. The contract is then cancelled.
No. The rescission right expires at 11:59 PM on the third business day. After that, you're bound by the contract unless you have unfulfilled subject conditions that allow you to withdraw.

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