The benefits of a gifted down payment.
The most obvious benefits of a down payment gift are affording a home sooner and the potential to have a smaller mortgage or more home. Here are a few more:
- Stability. No more moving when a lease is up or a rental building changes its plans.
- Easier budgeting. No more sudden increases in rent prices.
- Savings. A bigger down payment can help you save interest over the life of the mortgage.
- Savings (again). Avoid a default insurance premium if the gift pushes your down payment to 20% or more.
- A better home. A bigger down payment might improve qualifying ratios, helping you afford a better home.
- Combine with other first-timer programs. Add the gift to your own savings from an RRSP, FHSA or TFSA.
Who can gift a down payment in Canada?
Most lenders will accept a gifted down payment from an immediate family member by blood, marriage, or adoption: parents, grandparents, legal guardians, spouses (including common-law), and siblings.
Extended family members, such as aunts, uncles, and cousins, may also be allowed, depending on the lender or default mortgage insurance provider. A gift from a close non-family connection might also be eligible, depending on the circumstances.
How does a gifted down payment work?
The gift giver will need to sign a Gift Letter (provided by your mortgage broker or the bank) stating that the funds do not have to be repaid.
- A signed gift letter is required to confirm the relationship, the amount, and that no repayment is expected.
- Verification of the identity of the gift giver may be required (to comply with Canada’s anti-money laundering laws).
- The down payment gift is transferred to the purchaser's bank account, or it can sometimes be provided directly to the lawyer.
- If being transferred to you, the amount should be in your account no later than 15 days before closing to ensure no holds remain on the funds.
- For funds coming from outside Canada, the amount likely needs to be in your (Canadian) account 30 to 90 days before closing (depending on lender).
Once the gifted funds are put towards the home purchase, the gift is considered official. If the gift giver changes their mind afterwards, it’s no longer a lender or home purchase issue — but it can become a personal or legal issue between the parties.
Can a gifted down payment be used for any mortgage?
Gifted down payments are widely accepted by lenders for most products. Insured mortgages (less than 20% down) may have certain restrictions, with conventional (20% down or more) and alternative and private lending likely the most flexible.
What's the difference between a gift and a loan?
A gifted down payment must be a true gift to the buyer, with no expectation of repayment.
A down payment loan from a family member or friend requires an agreement between the home buyer and the person lending, typically with an interest rate and repayment schedule set. To protect both parties, it's recommended to have a lawyer draft the loan agreement.
For a gifted down payment, the recipient isn't required to repay the gift even if the home is sold. The homeowner either keeps the home equity proceeds or uses them toward another home. In the event of a divorce or death, the home equity would likely be split between spouses or passed to beneficiaries — the gift giver would have no claim.
Can a parent borrow the funds for the gift?
Yes, borrowed funds, for example, through a line of credit or personal loan, are an acceptable source for a down payment gift. In this case, however, the gift giver should consider their own debt load, especially if looking to retire soon.
How does gifted home equity work?
In Canada, gifted equity is another way to help someone buy a home. It involves a transfer of equity rather than cash, from the gift giver (the home seller) to the buyer, with the gifted equity recorded in the mortgage contract based on the home's fair market value.
- The home is appraised to determine its fair market value.
- The seller agrees to an amount that determines the gifted portion of the buyer's down payment.
- The lender finances the reduced purchase price, with the gifted equity counted as built-in ownership.
The home seller should consult a tax professional to understand any underlying tax implications for completing the sale.
What can go wrong with a gifted down payment?
Here are a few circumstances that can interfere with the whole gift thing.
Before finalizing the home purchase, the home buyer changes their mind. In this case, no legal ramifications would arise as long as the home is still in the 'conditional' phase of the purchase offer. Of course, the sale of the home then falls through, potentially causing distress to the sellers and the gift giver.
The lender isn't able to verify the source of the down payment or the identity of the gift giver. In this case, the concern is mortgage fraud, and the home purchase is in jeopardy.
The gifted down payment doesn't materialize from the gift giver. Ideally, it's best to have the funds in hand before getting a mortgage pre-approval or placing an offer on a home — just in case life gets in the way.