Should I Talk to a Lawyer Before or After I Make an Offer on a House in Manitoba?
This answer covers the law of Manitoba.
Ideally you talk to a lawyer before you sign an offer, because it is easier to ask questions and have the terms reviewed before you sign than after. How your particular offer works, including its conditions, deadlines and deposit, depends on its wording, so it is worth confirming with a lawyer.
A lawyer can review conditions such as financing and inspection, check that deadlines are workable, and explain what you must do to waive or rely on a condition. For a condominium resale, the seller must give you a current disclosure statement and other documents, including by-laws, budgets and any reserve fund study. The seven-day cooling-off period runs from the later of signing and delivery of those documents, and you can cancel for any reason. A lawyer can also check whether a pre-registration unit needs a different package.
Plan your budget too: land transfer tax is generally paid by the buyer and is based on fair market value on registration. Bring the listing, the draft offer and any condo documents when you ask for a review. If you have already signed, do not wait, because many deadlines are short.
Key takeaways
- The best time to get legal review is before you sign, because the offer sets your conditions, deadlines and deposit.
- A lawyer can help with conditions such as financing and inspection and with whether the deadlines are workable.
- For a condo resale you can cancel for any reason within seven days of the later of signing and delivery of the disclosure documents.
- If you have already signed, get advice right away because many deadlines are short.