Should You Call a Lawyer Before or After an Offer in Manitoba?

You have found a home you like, and the seller wants an answer quickly. It can feel as though getting legal advice should wait until the offer is accepted. But once you sign, the terms generally become the framework for everything that follows.

This article explains why many buyers speak with a lawyer before signing, what to look at in an offer, and what Manitoba rules apply to specific situations such as condominiums. Details like deposits, financing conditions and closing mechanics depend on the contract wording and are worth confirming with a lawyer.

This article covers the law of Manitoba.

Why timing matters

Before you sign, you can negotiate, add conditions and walk away. After the offer is accepted, changes usually need the other side's agreement. That is why a review before signing is often more useful than a review afterward.

Getting advice after signing is not pointless. A lawyer can still explain your obligations, manage the closing and tell you what options remain. But some problems are much harder to fix once the contract is binding.

What to check in the offer

• Price, deposit amount and who holds it.
• Conditions, such as financing or inspection, and the dates by which they must be satisfied or waived.
• Possession and closing dates.
• What is included or excluded, such as appliances and fixtures.
• For a condominium, which disclosure documents you will receive and when.
• For a new build, the completion date and any delay clause.

How strictly the dates and conditions are enforced depends on the contract wording and the facts, so ask a lawyer to explain the ones in your offer.

Costs and funding to plan before you offer

Land transfer tax is payable by the buyer, with some exceptions, plus a registration fee. It is calculated on the fair market value of the property on the date of registration, not simply the contract price. The brackets run from 0% on the first $30,000 up to 2.0% on the amount over $200,000. A $350,000 value works out to $4,650.

If you are a first-time buyer, do not assume a provincial rebate. The government's description of the tax does not mention one. Federal help may be available: the Home Buyers' Plan withdrawal limit is $60,000, and a person can make both an HBP and a First Home Savings Account withdrawal for the same home if all conditions are met at each withdrawal. Participation room in the first year you open an FHSA is $8,000.

Funds from these programs have their own rules and timing, so check them with the CRA or an accountant before building them into a financing condition.

Condominiums and new homes

On a condominium resale, the seller must give you a current seller disclosure statement, a corporation disclosure statement signed within 90 days, the declaration with amendments, budgets, financial statements, by-laws, rules and any reserve fund study or summary, among other forms.

The cooling-off period is seven days, starting on the later of signing and the seller delivering the disclosure documents, and you can cancel for any reason. If you cancel, the seller must refund amounts paid plus interest within 10 days after receiving notice. Do not treat this as a reason to skip a review, because it is a short window and does not cover every kind of purchase.

For units sold before the declaration and plan are registered, a different package is required. For a new house, a mandatory statutory warranty is not in force in Manitoba, so the contract terms matter even more.

What to do next

• Ask your agent for the draft offer before you sign and allow time for review.
• List your must-have conditions and the dates you can realistically meet.
• Estimate land transfer tax and closing costs using the property's likely market value.
• Confirm how your down payment will be funded.
• For a condo, ask for the disclosure documents early.
• Book a call with a lawyer before signing if you can, or as soon as possible after.

Frequently asked questions