Can You Change MLS Listing After Signing APS in Ontario?

In Ontario, a formal document called the Agreement of Purchase and Sale (APS) governs real estate transactions.This binding contract outlines the agreed upon terms between the buyer and seller, covering everything from the purchase price to the closing date. But what if, after signing the APS, the seller wants to Change MLS Listing details? Is it allowed? What steps are involved, and what are the risks?

This guide explains when and how a seller can Change MLS Listing information, the legal implications, and best practices for both sellers and buyers.

What Does an Agreement of Purchase and Sale (APS) Mean?

The Agreement of Purchase and Sale (APS) is a legally binding contract that sets out the finalized terms of a real estate transaction after both the buyer and seller come to an agreement. APS typically includes:

• Legal identification details of both the buyer and the seller.
• Property details, including its address and key features.
• Agreed purchase price and deposit details.
• Conditions such as obtaining financing or successfully completing a home inspection.
• The closing date, which signifies the transfer of ownership to the buyer.

Once signed, the APS is legally binding. Both buyer and seller must fulfill their obligations, and failure to do so can result in penalties. If a seller decides to Change MLS Listing information after signing, it must not conflict with the terms outlined in the APS.

Why the MLS Listing Matters

The Multiple Listing Service (MLS) is among the most effective marketing tools in the real estate industry. It offers comprehensive details about properties for sale, such as price, square footage, features, and high quality photos.Buyers, agents, and even mortgage lenders rely on MLS for accurate information.

Many sellers, however, find reasons to Change MLS Listing data after an offer has been accepted. For example:

• Correcting factual errors such as incorrect square footage or missing features.
• Updating photos if better professional images become available.
• Reflecting agreed upon changes such as price reductions or repairs.

These updates can improve accuracy, but they must be handled correctly to avoid legal issues.

Can You Change MLS Listing After Signing an APS?

The short answer is yes. A seller can Change MLS Listing information even after signing an APS. However, it must be done within legal and ethical boundaries:

• No misleading information: You cannot post changes that misrepresent the property or violate the APS.
• Buyer agreement : If changes relate to price or features already included in the APS, both parties must agree in writing.
• Proper documentation. Updates must be supported by amendments to the APS if they affect contractual obligations.

Common Reasons Sellers Change MLS Listing

There are several situations where sellers may need to Change MLS Listing data:

Correcting Errors:

Sometimes listings contain minor mistakes like incorrect measurements, outdated descriptions, or missing features. Correcting these helps ensure buyers have accurate information.

Price Adjustments:

If the buyer and seller agree on a price reduction following inspection results or other negotiations, it’s necessary to Change MLS Listing price information to match the amended APS.

Property Status Updates:

When a property moves from “active” to “conditionally sold” or “pending,” the listing status must be updated. Similarly, if the deal falls through, the property may be relisted as available, requiring another update.

Marketing Enhancements:

Sellers sometimes want to upload better quality images or updated feature descriptions. These changes are allowed but should not conflict with the signed contract.

Legal Responsibilities When You Change MLS Listing

When you Change MLS Listing information after signing an APS, you must keep these legal obligations in mind:

• Compliance with APS terms: Changes cannot contradict the agreed-upon sale price, inclusions, or closing date without proper amendments signed by both parties.
• Disclosure obligations: If a significant change affects the property (e.g., damage discovered or major repairs completed), the update must be truthful and disclosed to the buyer.

Failing to follow these rules can lead to:

• Breach of contract: Making unauthorized changes can be seen as violating the APS.
• Loss of buyer confidence: Unexplained or misleading changes can cause buyers to walk away from the deal.

Legal action: In extreme cases, buyers can pursue legal remedies, including financial damages or even forcing the seller to proceed under original terms (specific performance).

Risks of Changing MLS Listing Incorrectly

Altering MLS listing data incorrectly can result in various risks:

• Breach of Contract: Changing the sale price or property features without updating the APS can expose sellers to legal claims.
• Deposit Forfeiture: Buyers may walk away and reclaim their deposit, or in some cases, keep the deposit as compensation.
• Litigation: Serious disputes can escalate to court, resulting in significant legal expenses.

Best Practices for Sellers

If you are considering a Change MLS Listing action after signing an APS, follow these best practices:

• Communicate with the Buyer:
  Always inform the buyer or their agent of any planned updates.. This avoids misunderstandings and builds trust.
• Document Everything:
  If price, inclusions, or conditions change, have those modifications added as amendments to the APS and signed by both parties.
• Consult a Real Estate Lawyer:
  Before you Change MLS Listing information that impacts the transaction, seek professional legal advice. A lawyer can ensure compliance with Ontario’s real estate regulations.

Best Practices for Buyers

Buyers also have responsibilities when sellers Change MLS Listing data:

• Review all updates: Make sure new information matches the APS terms.
• Act quickly: If there’s a discrepancy, notify your agent or lawyer immediately.
• Know your rights: If the seller breaches the APS, buyers may be entitled to financial compensation or other remedies.

Example Scenarios

• Post Inspection Price Change:
  A home inspection reveals roof damage. The buyer and seller agree to reduce the purchase price by $10,000. In this case, the APS must be amended, and the seller can Change MLS Listing price details to reflect the new agreed upon amount.
• Error Correction:
  The listing stated that the property has four bathrooms, but it only has three. The seller must Change MLS Listing data for accuracy, ensuring buyers see correct information even after the APS is signed.
• Deal Falls Through:
  If financing fails and the buyer backs out, the seller can Change MLS Listing status from “pending” back to “active” and relist the property.

Final Thoughts

It is entirely possible to Change MLS Listing details after signing an APS, but it must be handled carefully. Sellers must ensure that changes do not violate the agreement, while buyers must monitor any updates to protect their interests.

The key takeaway is transparency. Communicate openly, document all agreed changes, and always seek professional advice. Whether you are a seller correcting errors or updating terms after negotiation, or a buyer monitoring changes, following proper procedures will help keep the transaction on track and legally sound.