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Yes! You can use AI to fill out OREA Form 128, Condition(s) In Offer - Seller Acknowledgement

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OREA Form 128, Condition(s) In Offer - Seller Acknowledgement, page 1
Basic · 31/100Form Complexity Index

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What this form asks for

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This form, officially known as the Condition(s) In Offer - Seller Acknowledgement, is used in Ontario real estate transactions. It serves as a formal record that the seller understands and accepts the risks of either not including a protective condition (like finding a new home) or waiving an existing one in their offer. This action makes the Agreement of Purchase and Sale more binding. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields11
Pages1
Sections3
Tables and lists1
Form Complexity IndexBasic, 31/100

The AI checks your answers before you download

12 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Seller Name Presence

Verifies that the 'Seller' field is not empty. This field is critical as it legally identifies the individual(s) making the acknowledgement. A missing seller name makes the form legally unenforceable and invalidates the entire acknowledgement.

Brokerage Name Presence

Ensures the 'Brokerage' field has been filled out. This identifies the real estate brokerage to whom the acknowledgement is being made, which is essential for proper record-keeping and establishing the chain of communication. Failure to populate this field can lead to administrative confusion and disputes.

Full Property Address Validation

Checks that the 'Address' field contains a complete and valid-looking property address, including street number, name, city, and province. This is crucial to unambiguously link the acknowledgement to a specific property. An incomplete or incorrect address could lead to the form being applied to the wrong transaction.

Buyer Name Presence

Validates that the 'Buyer' field is populated with the name of the buyer. This identifies the other party to the Agreement of Purchase and Sale, which is necessary context for the seller's acknowledgement. Omitting the buyer's name creates ambiguity about which transaction this form pertains to.

Mandatory Acknowledgement Action Selection

Confirms that the seller has selected at least one of the primary acknowledgement actions: either 'will not be including a condition' or 'will be waiving the condition'. The entire purpose of the form is to document one of these actions. If neither is selected, the form has no meaning and fails to document the seller's intent.

Mandatory Condition Specification

Verifies that if an acknowledgement action is selected, a corresponding condition ('Seller finding suitable accommodation' or 'Other') is also specified. An action without a specified condition is ambiguous and legally meaningless. This check ensures the acknowledgement is precise about what is being waived or not included.

And 6 more checks
  • Required Text for 'Other' Condition
  • Initials Verification for Selections
  • Signature and Date Presence
  • Signature Date Plausibility
  • Seller and Signature Count Consistency
  • Province Verification for Property Address

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How to Fill Out Form 128 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select the OREA Form 128.
  2. Provide the full names of the Seller and Buyer, the name of the Brokerage, and the complete address of the property being sold.
  3. Indicate the seller's decision by checking the box for either not including a condition or waiving a condition in the offer.
  4. Specify the condition being acknowledged by checking the 'Seller finding suitable accommodation' box or by detailing it in the 'Other' sections.
  5. Add any relevant details in the 'Additional Information' section if necessary.
  6. Carefully review all entered information for accuracy, then have the seller(s) initial where required and provide their digital signatures and the date.
  7. Securely download, print, or share the completed and signed Seller Acknowledgement form with the relevant parties.

Common Mistakes in Completing Form 128

The ones the AI is built to catch.

Missing Seller Initials Beside Conditions
This is a frequent and critical error where sellers check a box for a condition but forget to place their initials in the designated space next to it. Each condition being acknowledged requires initials from all sellers to be valid. The absence of initials can lead to legal disputes, as it may be argued that the acknowledgement for that specific condition was not properly executed, potentially invalidating the waiver.
Incomplete or Incorrect Party Identification
Sellers or buyers may enter partial names, nicknames, or forget to include all legal owners on the title. This creates ambiguity and can cause title transfer issues or legal challenges, as the names on this form must perfectly match the Agreement of Purchase and Sale. To avoid this, always use the full legal names of all parties involved as they appear on government-issued identification.
Contradictory Acknowledgement Selections
A common point of confusion is checking both the 'will not be including a condition' and 'will be waiving the condition' boxes. These are mutually exclusive options; one applies when an offer is made without a condition, while the other applies when removing a condition from an existing agreement. Selecting both makes the form's intent unclear and legally unenforceable.
Only One Seller Signing When Multiple Owners Exist
If a property is co-owned by two or more individuals, all owners listed on the title must sign and date the form. A single signature is not sufficient to bind all parties to the agreement. This oversight can render the entire acknowledgement invalid, jeopardizing the transaction if one owner later disputes the waiver.
Vague Descriptions in 'Other' Condition Fields
When using the 'Other' fields, sellers often write ambiguous phrases like 'subject to financing' without specifying the terms, deadlines, or details. This lack of precision creates a significant risk of disputes over what exactly was acknowledged or waived. Conditions should be described with clear, specific language to ensure all parties have the same understanding.
Forgetting to Date Signatures
A signature without a corresponding date is a simple but common mistake that can create legal uncertainty about when the acknowledgement became effective. The date is crucial for establishing a clear timeline for the transaction's events. To prevent issues, ensure the current date is written next to every signature on the form.
Misunderstanding 'Waiving' vs. 'Not Including'
Sellers frequently confuse the legal distinction between 'waiving' a condition and 'not including' one. 'Not including' is for when an offer is drafted without a seller condition from the outset. 'Waiving' is for when a seller formally removes a condition that was already part of an accepted agreement. Choosing the wrong option misrepresents the transaction's status and can cause contractual confusion.
Ambiguous Property Address
Entering an incomplete property address, such as omitting a unit number for a condominium or a postal code, can lead to serious identification issues. This is especially risky if the seller owns multiple properties. The full, unambiguous municipal address must be entered to ensure the acknowledgement applies to the correct property. AI-powered tools like Instafill.ai can help auto-complete and validate addresses to prevent this.
Using an Informal Brokerage Name
People often write a shorthand or trade name for the real estate brokerage instead of its full legal name. This can cause administrative delays and confusion, particularly in complex transactions. Using the complete, official brokerage name as registered with the real estate governing body is essential for clear and accurate documentation. Form-filling tools can store and correctly populate this official data.
Ignoring the Legal Advice Acknowledgement
Sellers may sign the form without fully appreciating the clause where they acknowledge being recommended to seek independent legal advice. This is not just a formality; it confirms the seller understands the significant risks and liabilities of proceeding without certain conditions. Signing this without due consideration weakens the seller's legal position if a dispute arises later. Since this form is a non-fillable PDF, tools like Instafill.ai can convert it into an interactive version, making it easier to review and complete each section carefully.

Frequently Asked Questions About Form 128

 

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This plan is for your Form 128: your own AI agent fills it as often as 5 times a month. To fill other forms and upload your own, choose a Professional plan from your account.
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How does the AI fill out Form 128?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of Form 128, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is Form 128 to fill out?
Form 128 has a Form Complexity Index of 31 out of 100, in the basic tier: 11 fillable fields across 1 page. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of Form 128, the Seller Acknowledgement?
This form is used for a seller to formally acknowledge that they are either proceeding with a sale without a protective condition (like finding a new home) or are waiving a condition that was previously in the agreement. It documents that you understand the risks involved in making the sale firm without this condition being met.
Who needs to fill out and sign this form?
The seller(s) of the property must fill out and sign this form. It serves as a record for the brokerage that the seller has been advised of and understands the implications of their decision.
What's the difference between 'not including a condition' and 'waiving the condition' on this form?
Not including a condition means you are entering an agreement from the start without that specific safety clause. Waiving the condition means a condition was already part of the agreement, but you are now officially removing it to make the deal firm, even if the condition wasn't satisfied.
Why would I need to sign a form acknowledging I'm waiving the 'Seller finding suitable accommodation' condition?
This is used when you've sold your home but haven't secured your next one yet. By signing, you acknowledge you are proceeding with the sale anyway and are committed to closing, accepting the risk of having to find alternative housing if your search is unsuccessful by the closing date.
What are the risks of signing this form and waiving my conditions?
The main risk is that you are creating a firm and binding contract to sell your property without your safety net. If you waive a condition and it's not met, you are still legally obligated to complete the sale and may be liable if the transaction fails.
The form recommends legal advice. Do I really need to see a lawyer?
While not mandatory, it is strongly recommended that you seek independent legal advice before signing. A lawyer can explain the specific legal consequences and liabilities you are accepting by waiving your conditions.
Does signing this form make my sale agreement final?
Yes, the form states that upon delivery of the waiver, you have entered into a binding Agreement of Purchase and Sale. Once you waive your conditions, you are legally committed to completing the transaction as per the agreement's terms.
What information do I need to have ready to complete Form 128?
You will need the full names of the seller(s) and buyer(s), the name of your brokerage, and the full address of the property being sold. You must also clearly identify the specific condition(s) you are acknowledging.
What kind of things would go in the 'Other' condition section?
The 'Other' section is for any unique seller-side condition not explicitly listed, such as obtaining a specific permit, confirming a property severance, or finalizing an estate matter before the sale can proceed.
Who gets a copy of this form once I sign it?
You should receive a copy for your records, and the original will be kept by your real estate brokerage as part of the transaction file. It serves as proof that you were properly informed of the risks.
Can an AI tool help me fill out this form?
Yes, services like Instafill.ai use AI to accurately auto-fill form fields from your data, which can save time and reduce errors. However, AI cannot provide legal advice, so you should still understand the implications of what you are signing.
How can I use Instafill.ai to fill out Form 128 online?
Simply upload the Form 128 PDF to the Instafill.ai platform. The AI will identify the fields for seller, buyer, property address, and others, allowing you to fill them in quickly and easily online.
What if the Form 128 I received is a non-fillable PDF?
You can use a service like Instafill.ai, which can convert flat, non-fillable PDFs into interactive, fillable forms. This allows you to type your information directly onto the form before printing or sharing it digitally.
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Other forms like this one

OREA forms: OREA Form 410, Rental Application Residential, OREA Form 200 (Revised 2025) — Listing Agreement / Seller Representation Agreement / Authority to Offer for Sale (Ontario), OREA Form 320, Confirmation of Co-operation and Representation, OREA Form 210, Listing Agreement Landlord Representation Agreement, Authority to Offer for Lease, OREA Form 200, Listing Agreement Seller Representation Agreement Authority to Offer for Sale

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