Frequently asked
Everything buyers and sellers ask Craig about this.
When does the BC Home Buyer Rescission Period start?
It starts when the seller accepts the offer. The buyer then has until 11:59 PM on the third business day after acceptance to deliver written notice. Weekends and statutory holidays don't count as business days, so confirm the exact deadline with your REALTOR® and BCFSA's guidance.
What counts as a 'business day' for HBRP?
A business day is any day that is not a Saturday, Sunday, statutory holiday in BC, or Remembrance Day. It is defined in the Home Buyer Rescission Period Regulation.
Can the HBRP be waived?
No. The HBRP applies to every residential offer on resale and most new-construction homes in BC and cannot be waived by buyer or seller. The fee can be waived by mutual agreement but the right itself cannot.
Which homes are exempt from the HBRP?
Residential sales at auction, residential leaseholds on First Nations or Crown land, sales in a court-ordered foreclosure, and sales of recreational land without residences are exempt. Presales under the Real Estate Development Marketing Act (REDMA) are also exempt because REDMA already provides a 7-day rescission right.
How much is the rescission fee?
The rescission fee is 0.25% of the purchase price. On a $1,000,000 home the fee is $2,500. It is deducted from the buyer's deposit on the way back to the buyer.
Does the rescission period replace subject-to clauses?
No. Subject-to clauses (financing, inspection, insurance, strata review) remain the primary due-diligence tool. The HBRP is an additional, non-waivable right that runs in parallel with any subjects.
Can sellers refuse the rescission?
No — it is the buyer's statutory right. The seller's only remedy is keeping the 0.25% rescission fee, which is set by the regulation.
What if I discover the HBRP is about to expire but my inspection isn't complete?
You have two options: exercise the rescission to kill the deal (and pay 0.25%), or keep the contract alive via the subject-to-inspection clause if one was written in. The HBRP and subject clauses are independent protections.
Does the HBRP apply to commercial real estate?
No. The HBRP applies only to residential property. Commercial and industrial sales are governed by standard contract law with no statutory cooling-off period.
How do I properly deliver a rescission notice?
In writing, through the contract's notice clause (usually email or fax to the listing brokerage and seller's lawyer), and delivered before 11:59 PM on the third business day. Most buyer's agents use a BCREA standard rescission form to make the notice unambiguous.