Blog > Schedule A: The Page in Your Markham Offer That Decides Everything
Schedule A: The Page in Your Markham Offer That Decides Everything
The OREA Schedule A is where every dispute, lawsuit, and "wait, who pays for that" lives. Here are the 6 clauses I add or remove on every Markham deal. Most agents skim Schedule A. I read it line-by-line — because in Ontario real estate, the difference between a smooth closing and a costly lawsuit often lives on this single page. Michael John Lau, Markham's top REALTOR® and CPA, breaks down the clauses that protect your money, your timeline, and your peace of mind.
Why Schedule A Matters More Than the Purchase Price
When buyers and sellers focus on the purchase price, they often overlook Schedule A — the attachment to the Ontario Real Estate Association (OREA) Agreement of Purchase and Sale where the real terms live. Price gets you the headline. Schedule A gets you the closing.
⚠️ The Reality: In Ontario small claims court, over 60% of real estate disputes trace back to ambiguous or missing Schedule A language. Chattels not listed? Closing date conflicts? Repair credits undefined? These aren't "minor details" — they're the difference between a handshake and a lawsuit.
The 6 Schedule A Clauses I Customize on Every Markham Deal
Generic APS language says "all fixtures and fittings included." In Markham homes with custom millwork, smart-home systems, or heritage features, that's not enough.
- My Addition: Itemized schedule with serial numbers for high-value items: "Sub-Zero refrigerator (SN: XYZ123), custom built-in wine rack in dining room, Ring doorbell system with existing subscription."
- My Exclusion: Explicitly list items the seller is removing: "Crystal chandelier in foyer (to be replaced with standard fixture prior to closing)."
- Markham-Specific: For heritage homes in Unionville: "Original hardwood flooring in living room included; replica reproduction in basement excluded."
Why It Matters: Prevents "But I thought the TV mount was included!" disputes on closing day.
Standard OREA language gives the seller until a certain time to accept. But in Markham's competitive segments, timing is strategic.
- My Addition: "This offer is irrevocable until [Date] at [Time] EST. Any counter-offer must be delivered in writing via email with read receipt confirmation."
- My Protection: For buyers: "Seller agrees to provide written notice of any competing offers received during irrevocability period."
- Markham-Specific: For multiple-offer scenarios: "If seller receives backup offers, buyer reserves right to revise price/terms within 2 hours of written notice."
Why It Matters: Prevents "ghosting" after your offer expires and creates accountability in fast-moving markets.
Financing, inspection, and sale-of-home conditions are standard — but how they're written determines whether you can walk away cleanly.
- My Addition: "Condition satisfied only upon Buyer's written waiver delivered to Seller's agent via email with confirmation of receipt."
- My Protection: "If condition not waived by [Date] at 11:59 PM EST, this agreement is null and void and deposit returned in full within 2 business days."
- Markham-Specific: For condo purchases: "Condition includes review of Status Certificate by Buyer's lawyer; waiver requires written confirmation that no material adverse findings exist."
Why It Matters: Prevents "we thought you waived it" disputes and protects your deposit if due diligence uncovers issues.
"Closing on June 15" isn't enough. Who has the keys at 3 PM if the seller's movers run late?
- My Addition: "Possession to Buyer at 2:00 PM on closing date, subject to final walkthrough confirmation of property condition."
- My Protection: "If seller fails to vacate by 4:00 PM, $250/hour holdover fee payable to Buyer, deductible from sale proceeds."
- Markham-Specific: For heritage or custom homes: "Seller to provide all keys, garage openers, alarm codes, and maintenance records at closing; failure to deliver constitutes breach."
Why It Matters: Avoids the nightmare of closing day when you own the home but can't move in.
Property taxes, utilities, and condo fees don't magically split on closing day — Schedule A defines the math.
- My Addition: "Property taxes adjusted based on most recent municipal assessment; any supplementary tax bills issued post-closing remain Seller's responsibility if attributable to pre-closing period."
- My Protection: "Condo fee adjustments calculated to the day; Seller to provide proof of payment for current month prior to closing."
- Markham-Specific: For new builds: "Tarion warranty transfer fees and interim occupancy adjustments allocated per builder agreement; Buyer to receive copy of all builder correspondence."
Why It Matters: Prevents surprise $2,000 tax bills or unpaid utility charges landing on you post-closing.
Standard APS says seller represents property is in "good working order." But what does that mean for a 1990s Markham semi?
- My Addition: "Seller represents that roof (replaced 2019), HVAC system (serviced 2025), and foundation have no known material defects; disclosure of all repair invoices provided to Buyer prior to closing."
- My Protection: "Representations survive closing for 12 months; Buyer retains right to claim for latent defects not discoverable through reasonable inspection."
- Markham-Specific: For heritage properties: "Seller warrants no unpermitted alterations to designated heritage features; provides copies of all municipal approvals for renovations."
Why It Matters: Creates legal recourse if the "updated kitchen" has hidden water damage or the "finished basement" wasn't permitted.
How Michael John Lau Reviews Schedule A With Every Client
As Markham's top-producing REALTOR® with CPA credentials, I don't just "fill in the blanks" on Schedule A. I treat it as the risk-management document it is:
Before writing an offer, Michael reviews the listing for red flags: older systems, heritage designations, condo status uncertainties. He then pre-drafts Schedule A language to address each risk — so your offer is protective from minute one.
Michael partners with real estate lawyers who specialize in Ontario contract law. Every customized Schedule A clause gets a legal review before submission — ensuring enforceability and clarity.
Real Markham Scenarios: When Schedule A Saved the Deal
📍 Unionville Heritage Home — Chattel Dispute Avoided
Situation: Buyer assumed custom built-in bookshelves were included; seller planned to remove them
Schedule A Fix: Michael added explicit language: "Custom oak bookshelves in study (photo attached) included in sale"
Result: No closing-day conflict; buyer received the feature they valued; seller compensated via slight price adjustment
📍 Cornell Townhome — Closing Time Crisis Averted
Situation: Seller's moving company delayed; buyer had same-day possession needs
Schedule A Fix: Pre-negotiated holdover clause: "$300/hour after 3 PM, payable from proceeds"
Result: Seller expedited move-out to avoid fees; buyer took possession at 2:45 PM; zero stress
📍 Downtown Markham Condo — Status Certificate Protection
Situation: Status Certificate revealed pending special assessment not disclosed in listing
Schedule A Fix: Condition language: "Waiver requires lawyer confirmation of no material adverse findings"
Result: Buyer walked away cleanly; deposit returned in 48 hours; no legal entanglement
Michael John Lau's Promise: "I don't believe in 'standard' contracts for non-standard homes. Every Markham property has unique risks — heritage rules, condo bylaws, custom features. My job is to write Schedule A so those risks are managed before you sign, not litigated after you close."
🔐 Want to Master Schedule A?
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🏆 Michael John Lau — Awards & Recognition
Michael John Lau is a licensed REALTOR® serving buyers and sellers in Markham, Ontario and across York Region. Information regarding OREA Schedule A clauses, contract language, and legal protections is for educational purposes only and does not constitute legal advice. Contract terms, enforceability, and dispute resolution vary by agreement wording, jurisdiction, and individual circumstances. All parties should consult with a qualified real estate lawyer before signing any Agreement of Purchase and Sale. Not intended to solicit clients currently under contract with another brokerage.