Typical deposit amount
Negotiated in each contract — no legal minimum or standard. Presale contracts usually set out a schedule of deposits; the amounts are in the developer's purchase agreement.
Held by
Buyer's REALTOR®'s brokerage trust account, OR a deposit holder named in the contract
Timing
The standard BC contract says the deposit is paid within 24 hours of acceptance, unless the parties agree otherwise in writing (for example, within 24 hours of subject removal). If the buyer doesn't pay as required, the seller may terminate the contract.
Form
The standard contract allows certified cheque, bank draft, wire transfer, a lawyer's/notary's or brokerage trust cheque, or an uncertified cheque for the deposit. Ask the holding brokerage which method it prefers, and make sure the funds clear on time.
Forfeiture
If a firm buyer doesn't pay the balance by the completion date, the seller may terminate; the standard contract says the deposit is then forfeited to the seller on account of damages, without limiting the seller's other remedies.
Refund
If subjects aren't removed, the deposit is normally released back to the buyer once both buyer and seller sign a release; the brokerage can't release it on its own. On a completed sale, the deposit is credited toward the purchase price.
Pre-construction deposits
Presale deposits follow the schedule in the developer's contract. Under the Real Estate Development Marketing Act they must be held in trust by a brokerage, lawyer or notary (unless deposit insurance is in place), and you have seven days to rescind after the later of signing and receiving the disclosure statement.
Increased deposits
Some sellers ask for a larger deposit as a sign of commitment; the amount is always negotiable.