Page Content How would I know if a Tax Sale Property has been cancelled?The most efficient way to find out if a property under tax sale has been cancelled is to check the City of Brampton Website daily during the time of advertisement up to the tender opening time. The Website is updated as soon as possible following the cancellation of the tax sale within a one business day time period. If a tender has been provided for a tax sale that has been cancelled, the tender will still be held and opened at the tender opening, and return of deposit follows the same path as if the tax sale was not cancelled (see ‘When and How do I get my Tender deposit back following the Tender opening?’).Can I really buy a property in Brampton so cheaply?Tax sales are not typical real estate transactions and there are risks associated with this type of transaction. The City of Brampton is only required to recover unpaid taxes (cancellation price), and is not obligated to obtain fair market value. Prior to considering participation in a tax sale, it is recommended that you seek advice from a lawyer licensed to practice in Ontario and in good standing with the Law Society of Upper Canada, to conduct thorough research before submitting a tender.What if the property is occupied?The City does not guarantee vacant possession. For advice, please contact a lawyer licensed to practice in Ontario and in good standing with the Law Society of Upper Canada.How do I locate the property?Tender packages prepared by the City of Brampton contain maps to help you locate the property in question, these maps are provided as a courtesy and are not guaranteed to be accurate. It is up to the tenderer to locate the property by their own means. There will be no site visits scheduled for any property.Why is the City selling these properties?As per provincial legislation, a municipality may recover unpaid property taxes through the sale of the property. I submitted a Tender but would like to Withdraw or Cancel it, what do I do?A Tender may be withdrawn if the tenderer’s written request to have the tender withdrawn is received by the Treasurer before the published closing time on the last date for receiving tenders. The envelope containing a withdrawn tender will be opened at the time of opening of all other sealed envelopes and be declared withdrawn at that time.What is the condition of the property? What if the property is in poor condition?Properties are sold AS IS. The City does not make any representation as to the condition or size of the property.What are the reasons my tender may be rejected?Pursuant to the Municipal Act, 2001 and Ontario Regulation (O. Reg.) 181/03 Part II, s.9(3,4), a tender can be rejected if: is not equal to or greater than the minimum tender amount as shown in the advertisementis not typewritten or legibly handwritten in ink is not accompanied by a deposit of at least 20 per cent (%) of the tender amount deposit is not made in the form of a money order, bank draft, cheque certified by a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), a trust corporation registered under the Loan and Trust Corporations Act or a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994 is not submitted in a sealed envelope which indicates on it that it is a tax sale and provides a short description or municipal address of the land sufficient to permit the treasurer to identify the parcel of land to which the tender relates sealed envelope is not addressed to the Treasurer the tender relates to more than one parcel of land includes any term or condition not provided for in O. Reg. 181/03 the tender has been properly withdrawn as set out in O. Reg. 181/03 subsection 8(1). O. Reg. 181/03, s. 9(3). Is not one of the two highest remaining tenders found to be in compliance with O. Reg. 181/03 Part II, s.9(3) What happens to liens or executions following a tax sale?Any lien held by the Crown will survive a tax sale and be transferred with the sale of the land, unless otherwise stated within a Tender package. Any other types of liens or executions against the property do not transfer with the sale of the property. Creditors holding liens or executions will need to apply to the Superior Court of Canada to seek reimbursement from the proceeds of the sale of the property. How would I determine if there is a mortgage, any liens or executions owed against the property?It is the responsibility of the tenderer to search title at their expense. It is recommended that you seek advice from a lawyer licensed to practice in Ontario and in good standing with the Law Society of Upper Canada. What if there is debris, junk etc. on the premisesProperties are sold AS IS. The purchaser is responsible for the removal of any debris, junk, etc. left at the property and any associated expense.How do I submit a Tender?Please see instructions included in the Tender package for each property. Instructions may change from one year to the next and it is expected that tender submission will follow the guidelines as set out in the included instructions only. The municipality does not provide any instruction other than those contained within the Tender package. Municipal representatives can not and will not review tenders prior to being sealed and officially submitted or provide instruction or advice to potential tenderers. Can the City recommend a lawyer that I may consult?The City does not provide recommendations for legal counsel.What does "cancellation price" mean?An amount equal to all tax arrears owing at any time in respect of land together with all current real property taxes owing, interest, penalties thereon, and all reasonable costs incurred by the City after the Treasurer becomes entitled to register a Tax Arrears Certificate under section 371 of the Municipal Act, 2001What happens if there are no tenders received on a tax sale property?When no tenders are received on a property advertised for tax sale, the tax sale is declared unsuccessful. The municipality then has up to 2 calendar years following the unsuccessful declaration to either vest the property (City takes ownership), or re-advertise the property in another tax sale. Can I submit Tenders on more than one property?Yes, you are not restricted to tender on only one property. If making multiple tenders, each tender must be completed and submitted separately each with it’s own forms, deposit, and envelope.When and How do I get my Tender deposit back following the Tender opening?Tender deposits will be provided back to tenderers following the posting of results on www.brampton.ca, and notification to the highest and second highest tenderers. No deposits will be returned the day of the opening. The City of Brampton must evaluate all tenders for compliance as outlined in the Municipal Act, 2001 and Ontario Regulation 181-03, and provide a letter to each tenderer with explanation of tender rejection. Once these events have been completed, tenders and deposits will be returned by registered mail.Can I submit a Tender with condition of financing, building inspection, etc.?No, any tender containing any conditions of taking ownership are strictly prohibited as per the legislation and will be rejected during evaluation.Am I able to view the property?The City has no authority to provide access to view the property.Up to what point can the owner pay the taxes and avoid the sale?The owner can pay the "cancellation price" at any time up to the point in which the property is either registered with a tax deed in the successful tenderers name, or vested to the City due to a failed tax sale.What happens with the proceeds over and above the Cancellation price payable to the municipality?The City of Brampton will retain only the Cancellation price as defined above. Proceeds over and above the Cancellation price are paid to the Superior Court of Canada.What is the value of the property?Tender packages prepared by the City of Brampton contain maps to help you locate the property in question, these maps are provided as a courtesy and are not guaranteed to be accurate. It is up to the tenderer to locate the property by their own means. There will be no site visits scheduled for any property. How do I find out if the City of Brampton has any properties for tax sale?The City of Brampton advertises tax sales in the Ontario Gazette, Toronto Star, and on the City of Brampton website www.brampton.ca
