Clawback Provision

Understand clawback provisions in Canadian real estate — what they are, how they work, and their role in protecting parties in agreements.

Clawback Provision

August 07, 2025


What is a Clawback Provision?

A clawback provision is a contractual clause that allows a party to recover previously granted money, benefits, or rights under certain conditions.

Why Clawback Provisions Matter in Real Estate

In Canadian real estate and development agreements, clawback provisions protect parties if expectations or obligations are not met.



Examples:
  • Recovering development incentives if performance targets aren’t met
  • Reclaiming funds from a partner in breach of contract
  • Adjusting land purchase prices based on future rezoning



Understanding clawback provisions helps developers and investors mitigate risk.

Example of a Clawback Provision in Action

The municipality included a clawback provision to recover tax incentives if the developer did not complete the project by the deadline.

Key Takeaways

  • Allows recovery of money or benefits under conditions
  • Protects parties in development and financial agreements
  • Common in incentive and partnership deals
  • Helps manage performance and compliance risk
  • Should be clearly defined in contracts

Related Terms

Additional Terms

Public Realm Improvements

Public realm improvements are enhancements to public spaces such as sidewalks, parks, plazas, and streetscapes, often funded or contributed by. more

Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

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