Do You Need a Lawyer to Buy a House in Saskatchewan?

Buying a home is usually the largest purchase you will make, and a lot of paperwork sits behind the keys. It is natural to wonder whether you can handle the transfer yourself and save the legal bill.

This article explains where a lawyer usually fits into a Saskatchewan purchase, what the title and registry steps involve, and what risks you take on if you go without one. It is general information, not advice on your own purchase.

This article covers the law of Saskatchewan.

Is a lawyer actually required?

Whether a lawyer is legally required to complete a home purchase in Saskatchewan is not something to assume either way. It depends on the facts of your purchase, and a lawyer can confirm it for you.

In practice, the bigger question is usually your lender. Your mortgage commitment may set out what your lender expects at closing, so read it carefully and ask the lender about anything unclear before you decide to go without help.

What a lawyer usually handles on a purchase

A purchase has two sides: the contract between you and the seller, and the registration of the sale and your mortgage on title. A lawyer usually works on both, reviewing the offer to purchase, checking the title, and arranging the registration.

Title checks matter because the title is the official record of who owns the property and what is registered against it. ISC Quick Search finds currently active titles by parcel number, title number, owner name or land description, and lets you view a title image or request a certified print. It does not show previous owners or interests that were removed, which are covered by the advanced Search tool.

Reading a title takes practice. Registered interests are any right, interest or estate, legal or equitable, recognized at law and less than title. Mortgages and liens appear as interests, and a title lock is a prohibition on the title. Judgments are tracked separately in the Judgment Registry, so a title alone does not show everything.

What it costs, and who pays what

In a standard Law Society offer-to-purchase template, each party pays their own lawyer, and the purchaser pays the Land Titles Registry fees to register the property in the purchaser's name and to register the purchaser's mortgage. Your own offer may be worded differently, so check what yours says.

Saskatchewan has no land transfer tax listed in CMHC's provincial fact sheet. Instead there is a provincial fee to transfer property based on the property's value. Registry fees can change, so confirm the current fee schedule with the registry before you budget.

Risks of buying without a lawyer

• Missing something on title. A mortgage, lien or other interest may be registered, and judgments are tracked in a separate registry.
• Relying on a search that shows only part of the picture. Quick Search shows active titles only, not removed interests or previous owners.
• Old registrations that are still on title. The Registrar can give notice that a registered interest will lapse 30 days after the notice is sent unless a court order extending the registration is registered, and the Registrar registers a discharge on application if no extending order is registered. How this applies to a title you are buying depends on your situation, so it is worth confirming with a lawyer.
• Condominium surprises, covered below.
• Problems with your lender if they expected a lawyer and you did not arrange one.

None of this means a purchase without a lawyer will go wrong. It means mistakes are harder to spot and may be costly to fix after you own the property.

Extra care for condominiums

Condominiums add a layer of documents. The Condominium Property Act, 1993 and The Condominium Property Regulations, 2001 govern Saskatchewan condominiums. Bylaws can be amended by special resolution, and no bylaw may prohibit or restrict the lease of units.

The corporation must issue an estoppel certificate on an owner's application and cannot later deny what it certified, and the 2001 Regulations allow a fee of up to $200. The reserve fund is held in trust and cannot be paid out to owners while the property remains under the Act. A reserve fund study must be done every five years by a qualified person, though condominiums with fewer than 12 units and single-owner rental condominiums are exempt from the reserve fund requirement.

What to do next

• Read your mortgage commitment to see whether your lender requires a lawyer.
• Read your offer to purchase and see who pays which costs.
• Ask for the title and review every registered interest.
• For a condominium, request the estoppel certificate or the new-unit documents and read the bylaws.
• Speak with a lawyer before you remove conditions or sign if anything on title or in the documents is unclear.

Frequently asked questions