What is a 72-hour clause, and how does it protect a seller in Quebec?

When is the 72-hour clause normally used?

It is most commonly discussed when a buyer makes a promise to purchase conditional on selling their existing property. In Quebec, the relevant mechanism appears in Annex R – Residential immovable. Clause R2.1 addresses the sale-of-property condition, while clause R2.2—commonly called the 72-hour clause—can allow the seller to continue offering the property for sale.

The clause is not automatically part of every conditional offer. The signed documents and the facts of the transaction determine whether it applies.

What happens if the seller receives another offer?

The seller may continue marketing the home and considering other promises to purchase. The 72-hour notice mechanism is generally triggered after the seller accepts another promise to purchase and its applicable conditions are fulfilled, apart from the cancellation of the first promise and the signing of the deed of sale.

The second promise must be structured properly because the seller is already bound by the first one. The OACIQ explains that clause R2.3 is generally used to make the second promise conditional on cancellation of the first.

What choices does the first buyer have?

After receiving the notice, the first buyer generally has 72 hours to choose between two paths:

1. Waive the condition requiring the sale of their property, along with the other outstanding conditions covered by the clause, and provide the required proof that they can complete the purchase.
2. Allow the promise to purchase to become null and void, freeing the seller to proceed with the second buyer.

A buyer should not remove conditions unless financing and available funds have been confirmed. The response and supporting documents must follow the signed forms and deadlines.

How does this protect the seller?

Without this type of mechanism, a seller could have their property tied up while waiting for the buyer to sell another home. The clause can preserve the first buyer’s opportunity while allowing the seller to keep looking for a transaction with greater certainty.

For a West Island seller, that flexibility can matter when buyer interest is strong, but the accepted offer contains a lengthy sale-of-property condition.

Does the seller simply accept the highest second offer?

No. Price is only one consideration. The seller should compare financing, inspection and document-review conditions, deposits, dates, inclusions, exclusions and the likelihood that every condition will be fulfilled. The second promise also needs wording that respects the first accepted promise.

Does the 72 hours begin as soon as another buyer submits an offer?

Not necessarily. An offer being submitted is different from the notice mechanism being properly triggered. Timing depends on the accepted documents, fulfilment of the second promise’s applicable conditions, transmission of the notice and proof of receipt. The exact form wording must be followed.

My advice to West Island sellers

1. Understand exactly which condition the buyer must satisfy and by what date.
2. Confirm whether the signed Annex R allows continued marketing.
3. Do not treat a second offer as a completed sale until its conditions and the first promise are handled correctly.
4. Keep written proof of notices and receipt.
5. Compare the strength of the entire second offer—not only its price.
6. Have your broker coordinate every deadline and document carefully.

A 72-hour clause can be very useful, but only when the forms, notices and timelines are applied correctly. I explain the possible outcomes to my sellers before they accept a sale-of-property condition, so they know what flexibility they retain if another buyer appears.

Related question: Should I sell my current home before buying another one?