HST/GST when selling the rental property

Hi all,

Just asking if you have experience with the HST/GST when selling the rental property. I am selling the Condominium Townhouse (Old one, not a new build).

My lawyer put the HST section in form 101 as *IN ADDITIONAL TO*, however, I have two buyers' lawyers reject them. Long story short

• I had first potential buyers, and their lawyer refuses the HST section in form 101 as *IN ADDITIONAL TO*. Their lawyer wanted that as *INCLUDED IN*. So the deal was not done.
• I also had the second potential buyers, and their lawyer again refuses the HST section in form 101 as *IN ADDITIONAL TO*. Their lawyer wanted that as *INCLUDED IN*. So the deal was not done.
• Now I had the third potential buyer. And my lawyer still put in form 101 as *IN ADDITIONAL TO* for HST. I am wondering what actually that section HST/GST is for, my lawyer said putting *IN ADDITIONAL TO* to protect me to pay the HST tax. But I researched, it seems like only new build from the builder will be taxable not residential property.

I bought that townhouse 5 years ago, and it was *INCLUDED IN* as well.

Thanks