- Before the declaration and plan are registered, the seller must give you a special set of disclosure documents that includes the declarant's disclosure statement (Form 1).
- The condominium cooling-off period is seven days, it starts on the later of signing and delivery of the disclosure documents, and you can cancel for any reason.
- After a valid cancellation, the seller must refund what you paid plus interest within 10 days of receiving your cancellation notice.
You have found a unit in a building that is not finished, or not even registered yet, and the developer has put a purchase contract in front of you. The documents are long, the deposit is real money, and you may be wondering whether you can change your mind.
Manitoba gives condominium buyers a structured set of protections: required disclosure documents, a short window to cancel, and a rule on refunds. This article explains how they work for a new or pre-sale unit, and where the details depend on your contract.
This article covers the law of Manitoba.
What the developer must give you before registration
A new unit is often sold before the declaration and plan are registered. In that situation the seller must give you a different set of documents from the one used for resale units. The set includes:
- Form 6A, and Forms 4 and 5
- The declarant's disclosure statement (Form 1)
- A reserve fund study or summary
- The proposed declaration, the first by-law and the rules
- Any proposed management agreement
- The plan parts for your unit
- Financial projections, if your sale falls in the first year all owners contribute to common expenses
The reserve fund study is governed by section 50 of The Condominium Act, C.C.S.M. c. C170. A resale unit, by contrast, comes with a current seller disclosure statement (Form 2A, 2B or 2C), a corporation disclosure statement signed within 90 days (Form 3), the declaration with amendments, budgets, the latest financial statements, by-laws and rules, any reserve fund study or summary, plus Forms 4, 5 and 6B. Those resale documents are listed in section 51(2) of the same Act.
How the seven-day cooling-off period works
The cooling-off period for a condominium purchase is seven days. It starts on the later of the day you sign and the day the seller delivers the disclosure documents, and you can cancel for any reason.
If the seventh day falls on a weekend or holiday, the period runs to the next business day, except for Remembrance Day. Because the clock can depend on when the documents were actually delivered, keep a record of the date you received them.
| Question | Answer |
|---|---|
| How long is the window? | Seven days |
| When does it start? | The later of signing and delivery of the disclosure documents |
| Do you need a reason? | No, you can cancel for any reason |
| Weekend or holiday on day seven? | It runs to the next business day, except Remembrance Day |
Cancelling later for a material change
Separate from the cooling-off period, you can cancel for a material change. You must do so by midnight of the seventh day after the seller's written notice of the change, and you cannot cancel this way after taking possession.
If a seller disputes a cancellation made after the cooling-off period, the seller may apply to court within 10 days of receiving your notice. What counts as a material change depends on the facts, so ask a lawyer to review any change notice quickly.
Getting your deposit back
After a cancellation in the cooling-off period or for a material change, the seller must refund the amounts you paid, plus interest, within 10 days after receiving your cancellation notice.
It is sensible to cancel in writing and in a way that proves the date it was delivered, since the refund timing runs from the seller receiving your notice. The exact method may depend on your contract, so confirm it before you send anything.
What to do next
Time matters here, so start with the dates and the documents you were given. How the rules apply to your contract depends on your situation, so it is worth confirming with a lawyer.
- Write down the date you signed and the date you received the disclosure documents.
- Count seven days from the later date and mark the deadline, allowing for weekends and holidays.
- Have a lawyer read the disclosure statement, proposed declaration, by-laws and reserve fund study before the window closes.
- Check the budget and financial projections to see what the monthly costs may look like.
- If you want out, send a written cancellation notice and keep proof of delivery.
Frequently asked questions
Can I cancel a new condo purchase for any reason in Manitoba?
Yes, within the cooling-off period. It is seven days, starting on the later of signing and the seller delivering the disclosure documents, and you do not need a reason.
What if I never received the disclosure documents?
The cooling-off period starts on the later of signing and delivery of the disclosure documents, so the clock may not have started. Get advice promptly about your particular contract.
How fast must the developer return my deposit?
After a valid cancellation, the seller must refund the amounts you paid plus interest within 10 days after receiving your cancellation notice.
Can I cancel after I take possession?
Cancelling for a material change is not available after you take possession. Talk to a lawyer before taking possession if you have concerns about the unit or the documents.
Sources
- Government of Manitoba – Buying a Condominium Unit — gov.mb.ca
- The Condominium Act, C.C.S.M. c. C170 — web2.gov.mb.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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A home purchase with us is from $1,452.88, tax included. Third-party fees are extra.