Can a Notary Public Handle a Manitoba Home Purchase Instead of a Lawyer?

You may have heard that in some places a notary handles the paperwork when someone buys a house. If you are buying in Manitoba, it is reasonable to ask whether that option exists here and whether it would save you trouble.

This article does not give a ruling on any one person's qualifications. It explains what a Manitoba purchase involves, how registration works, and the questions to put to anyone you are thinking of hiring, so you can confirm the answer for your own purchase.

This article covers the law of Manitoba.

The short answer

The word notary means different things in different places. In some jurisdictions notaries have a defined role in property transfers. What a notary public may do in a Manitoba purchase depends on the rules that apply here, and the safest approach is to confirm in writing, before you sign anything, who will act for you and how the transfer will be registered. A lawyer can confirm this for your situation.

Whatever title the person uses, a purchase is not finished until the transfer is registered, and land transfer tax is due on that registration. Who may prepare and submit the documents, and how the rest of the work is divided, is worth confirming with a lawyer before you commit.

What a Manitoba purchase actually involves

Manitoba uses a land titles system. The Real Property Act says its object is to simplify title to land, give certainty to it, make it easier to prove and speed up dealings with it. Registration is completed when the certificate of registration is signed or the data is accepted in the electronic information system, and it takes effect from the day the instrument is assigned a serial number.

Land transfer tax is another part of the process. It is generally 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 the transfer is registered, not simply the contract price. It is due on registration of the transfer at the land titles office.

Why registration matters when choosing who to hire

Land titles registrations in Manitoba are electronic and run through Teranet Manitoba, and the Law Society of Manitoba has eRegistration rules and requirements for lawyers who register documents. This is a practical point. Your transfer is not finished until it is registered, so the person you hire needs a clear way to do that.

Ask any professional you are considering how they will submit the registration, whether they are set up to do so themselves or will pass it to someone else, and who is responsible if there is a problem. A clear answer is a good sign. A vague one is a reason to keep asking.

Purchases that need extra care

Some purchases are more complicated than a standard house sale. Three common examples:

• Condominium resales. The seller must give you a package of documents, including a disclosure statement, a corporation disclosure statement signed within 90 days, the declaration, budgets, financial statements, by-laws and rules, and any reserve fund study or summary. You then have a seven-day cooling-off period, starting on the later of signing and delivery of the documents, and you can cancel for any reason.
• New condominium units sold before the declaration and plan are registered. A different package applies, including a declarant's disclosure statement and a proposed declaration.
• Estate sales. Transferring a deceased sole owner's house requires a court grant so a personal representative can apply to Land Titles. If the executor holds a grant from another province, it may need to be resealed or an ancillary grant obtained in Manitoba.

Reading and reacting to these documents within strict time limits is the kind of task where having a lawyer review them can matter.

What to do next

• Decide who will act for you before you sign an offer, not after.
• Ask in writing who will register the transfer and how.
• Ask what the total cost will be, including taxes and registration costs.
• Tell them if the property is a condominium, a new build or an estate sale.
• Keep copies of every document you are given and note any dates, such as a cooling-off period.
• If anything is unclear, ask a lawyer to confirm before you commit.

Frequently asked questions