Should I contact a lawyer before or after signing an agreement of purchase and sale in Nova Scotia?
This answer covers the law of Nova Scotia.
Before is the safer time. The province advises having a lawyer review the agreement before you sign, and it recommends a lawyer for real property transactions generally. What you can still change or undo after signing depends on the agreement and your situation, so it is worth confirming with a lawyer.
Timing matters because some protections are best considered before you sign. For a resale condo unit, the province advises making the offer conditional upon receiving an estoppel certificate. Condo buyers should also get the declaration, bylaws, reserve fund status certificate and audited financial statements before buying. A short cooling-off right exists for new condo units from the declarant: ten days to rescind, in writing, if the documents materially affect enjoyment of the property and the vendor will not fix or waive the issue.
A lawyer can also help identify the correct PID and match the legal description to the parcel. Waiting until after signing may leave you with fewer options, and what can still be changed depends on the contract and on the other party. If the offer is already signed, contact a lawyer promptly and check any deadlines in it.
Key takeaways
- The province advises having a lawyer review the agreement before you sign.
- For a resale condo unit, the province advises making the offer conditional upon receiving an estoppel certificate.
- The ten-day right to rescind is described for new condo units from the declarant and requires written notice in the vendor's hands within the period.
- A lawyer can help identify the correct PID and match the legal description to the parcel.