What a Real Estate Lawyer Does When You Buy a Home in Manitoba

Your offer has been accepted, and now the paperwork begins. Many buyers are not sure what their lawyer actually does between the accepted offer and the day they get the keys.

This article walks through the usual stages in plain language. The exact order and timing depend on your contract, your lender and the property, so treat this as a general map.

This article covers the law of Manitoba.

Reviewing the offer and conditions

The first job is usually to read the accepted offer and understand what you have agreed to, including any conditions and dates. If a deadline is missed, you can lose rights you thought you had. A lawyer can explain which dates matter most for your file.

For a condominium resale, the review includes the seller's package of disclosure documents. It must include a current seller disclosure statement, a corporation disclosure statement signed within 90 days, the declaration and amendments, budgets, financial statements, by-laws and rules, and any reserve fund study or summary. The cooling-off period is seven days from the later of signing and delivery of those documents.

A buyer can also cancel a condominium purchase for a material change by midnight of the seventh day after the seller's written notice, but not after taking possession. If the unit is new and the declaration and plan are not yet registered, the seller must give a different package of documents, including a declarant's disclosure statement.

If you are buying a newly built home, a mandatory statutory new home warranty is not in force in Manitoba, because The New Home Warranty Act was never proclaimed. Any warranty would be voluntary, so ask the builder what is offered and have your lawyer review the terms.

Checking the title

A title search shows who is registered as owner and what is registered against the land. The Real Property Act states its object as simplifying the title to land, giving certainty to it, facilitating proof of it and expediting dealings with it. In Manitoba, the Act deals with the certificate of title as proof of entitlement, title as evidence and priority of registration. It also covers mortgages and other encumbrances, including how they are discharged, and caveats and their effect.

This is the point where problems surface: an old mortgage that has not been discharged, a caveat, or an owner who is not the person who signed the offer. If the seller has died, the picture changes. A deceased sole owner's house generally needs a court grant so a personal representative can apply to Land Titles, with a transmission vesting title in the representative and then a transfer to the beneficiaries. For small estates, an administration order can vest land directly in the beneficiary without a transmission to the representative. If the executor holds a grant from another province, they may need to reseal it or obtain an ancillary grant in Manitoba.

There is an exception for joint owners. Where land is held in joint tenancy and one owner dies, the survivor can apply to be registered as owner without going through the estate. Which route applies depends on how the seller held title, and your lawyer can confirm it.

Mortgage documents and your lender

If you are borrowing, your lender sends instructions and documents. Your lawyer reviews them with you, makes sure the lender's requirements are met and has you sign. Mortgages are one of the registered interests dealt with in the Real Property Act.

Read the amount, interest rate, term and payment dates before you sign. If something does not match your mortgage commitment, raise it before closing day.

Taxes, adjustments and registration

Land transfer tax 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 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, and a $350,000 value comes to $4,650. The tax is due on registration at the land titles office.

Which exceptions might apply to you depends on your situation, so it is worth asking your lawyer before closing.

Closing also involves working out how ongoing costs of the property are shared between you and the seller. What is adjusted depends on the contract and the property, and your lawyer prepares or reviews the figures.

Registration is electronic and runs through Teranet Manitoba. It is completed when the certificate of registration is signed or the data is accepted in the electronic system, and it takes effect from the day the instrument is assigned a serial number.

What to do next

Once your offer is accepted, contact a lawyer promptly so conditions and deadlines are not missed. Have these items ready:

• The signed offer and any listing sheet or schedules.
• Your mortgage commitment and your lender's contact details.
• Photo identification.
• Proof of where your down payment funds are coming from.
• Condominium disclosure documents, if applicable, and the date you received them.
• Funds for land transfer tax and other closing costs.

If you plan to use the Home Buyers' Plan, the withdrawal limit is $60,000. For first withdrawals made from January 1, 2026 to December 31, 2028, the start of the 15-year repayment period is deferred to the fifth year following the year of the first withdrawal, so a 2026 withdrawal means the first repayment year is 2031.

A person can make a Home Buyers' Plan withdrawal and a First Home Savings Account withdrawal for the same home, if all conditions are met at the time of each withdrawal. The participation room in the first year you open a First Home Savings Account is $8,000. Check the conditions with the Canada Revenue Agency well before closing.

Frequently asked questions