Residential Real Estate
We’re not your typical law firm. Our focus is on helping families and small businesses with many of the most common legal situations they face. We listen. We give good advice. And we take time to ensure you understand your legal standing.
Buying a home is one of the largest purchases of your life. Make sure you’re protected with good legal advice.
Prior to viewing homes or listing your house for sale, you should determine whether you want to use the services of a Realtor. Realtors will show homes to buyers. If you are selling your home, a Realtor will list it for sale on the Multiple Listing Service (MLS).
In addition to these services, Realtors will also assist you in either drafting an offer to purchase or explaining an offer presented to you. As a general rule, your Realtor will have the experience to handle most routine negotiations, making it unnecessary to consult your lawyer during this process.
However, in the event you come across an unusual situation or feel uncomfortable, you should consult your lawyer. If this is the case, make your offer or counter-offer subject to your lawyer’s approval by a certain date.
It is not usually practical to see your lawyer while the offer is going back and forth between the parties. Remember, once you have accepted an offer or counter offer, you are now a party to a binding contract. Your lawyer cannot change the terms at a later date unless the offer is subject to his or her approval.
How do you know who is the legal owner of a house or condominium? The property title will tell you who owns the property. In days gone by, titles were actual paper documents. Today, titles are electronic.
They include a legal description of the property as well as liens or caveats registered against the property.
In Manitoba, land titles are all managed by a private company called Teranet Manitoba on behalf of the province.
Whenever you buy a property, you should do some due diligence to satisfy yourself that what you’re buying is what you think you are buying. The best way to do this is to hire a surveyor. They will check to make sure the property matches its legal description. A surveyor will also tell you if any buildings encroach on a neighbour’s property or vice versa.
You are not required to use the services of a Realtor when buying or selling a home in Manitoba. However, you will need to accept more responsibility and risk if you choose to go it alone. If you are not using the services of a Realtor, we recommend that you consult with a lawyer to draft or review the offer.
Once the offer is negotiated, if a Realtor assisted you in concluding the offer, provide him or her your lawyer’s contact information. If you are not using a Realtor, ensure your lawyer receives a copy of the offer. The lawyer will then schedule and prepare the transfer documents to ensure you meet your contractual obligations on possession day. Make sure you are available prior to possession to meet with your lawyer.
If you are purchasing and need a mortgage, you should provide your bank with a copy of the offer and your lawyer’s contact information. Provided the bank approves the mortgage, your bank will send mortgage instructions to your lawyer. Your lawyer must receive these instructions prior to possession, otherwise the mortgage money will not be available for the purchase.
A legal document prepared by a Manitoba Land Surveyor which shows the exact dimensions and positions of the land and buildings on a particular property. It reports any encroachments onto or from adjoining properties.
These are the instructions that the lawyers receive outlining the terms of the mortgage, including interest and principal and instructions on how to register the bank's interest on title.