Can I use a notary instead of a lawyer for a Manitoba real estate purchase?
This answer covers the law of Manitoba.
Do not assume a notary public can handle a Manitoba home purchase the way notaries do in some other places; check who may legally act on the conveyance before you hire anyone. The answer matters because a mistake on a transfer can delay registration and leave you without clear title.
Land titles registrations in Manitoba are electronic and run through Teranet Manitoba, and the Law Society of Manitoba has eRegistration rules and requirements for lawyers who register documents. Ask any notary directly whether they can register your documents in this system, and under whose rules. Get the answer in writing if you can, and compare it with what your lender and the seller's side expect.
A notary public may help with some tasks, but what a notary may do on a Manitoba conveyance is something to confirm with the Law Society or a lawyer before you pay anyone. Land transfer tax is due on registration of the transfer of title, so make sure whoever handles your closing has a plan for it. Your lender may also have its own requirements.
Key takeaways
- Do not assume a notary public can handle a Manitoba conveyance the way notaries may in other places.
- Land titles registrations are electronic through Teranet Manitoba, and the Law Society has eRegistration rules for lawyers who register documents.
- Land transfer tax is due on registration of the transfer of title.
- Confirm with the Law Society or a lawyer who may act on your purchase before you hire anyone.