Bona Fide Sale Clause
A bona fide sale clause prevents early mortgage repayment or refinancing unless the property is sold to an unrelated third party.
September 30, 2025
What is a Bona Fide Sale Clause?
A bona fide sale clause is a condition in some mortgage contracts that prevents borrowers from paying off or refinancing the mortgage early unless the property is sold to an unrelated third party. It restricts early repayment except in the case of a genuine property sale.
Why Bona Fide Sale Clauses Matter in Real Estate
Bona fide sale clauses matter in real estate because they limit borrower flexibility, ensuring lenders receive expected interest income for the mortgage term. Borrowers need to be aware of such clauses as they cannot refinance to access lower rates unless they sell the property.
Example of a Bona Fide Sale Clause in Action
A borrower discovers their mortgage includes a bona fide sale clause, meaning they cannot refinance at today’s lower rates without selling the home to an arm’s-length buyer.
Key Takeaways
- Restricts refinancing unless the property is sold.
- Protects lenders from lost interest income.
- Common in deeply discounted mortgage products.
- Reduces borrower flexibility to refinance.
- Important to review before signing a mortgage contract.
Related Terms
- Closed Mortgage
- Mortgage Penalty
- Prepayment Privilege
- Refinancing
- Arm’s-Length Transaction

Canada residential unit sales by month, actual, 2019 and 2024-2026. Data through June 2026. Source:
Canada residential sales-to-new-listings ratio, actual, January 2025 to June 2026. Source:
Canada residential months of inventory, actual, January 2025 to June 2026. Source: Source:
Year-over-year change in residential average sale price for Canada, Ontario, British Columbia and Alberta, January 2022 to June 2026. Average price is shown here as a regional mix measure, not a substitute for HPI or local comparable sales. Source:
Year-over-year change in residential unit sales for Canada, Ontario, British Columbia and Alberta, January 2024 to June 2026. Source: 







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