How to Choose a Real Estate Lawyer in Manitoba

When buying or selling a home in Manitoba, selecting the right legal professional is crucial. Choosing the right real estate lawyer ensures that you handle your transaction efficiently and prevents costly legal issues. Whether you're dealing with property tax, title insurance, or reviewing contracts, a qualified lawyer will protect your interests.

Many people assume any lawyer can handle a real estate transaction, but real estate law has its own complexities. Hiring a lawyer who specializes in real estate law—rather than a general practitioner or a lawyer specializing in another area—can help prevent complications and delays.

Why You Need a Real Estate Lawyer

In Manitoba, real estate law requires a lawyer to finalize property transactions. They handle:

• Reviewing and drafting purchase agreements

• Conducting title searches and arranging title insurance

• Calculating property tax adjustments

• Managing mortgage documents

• Ensuring compliance with provincial regulations

• Checking for open building permits or unresolved legal issues on the property

Failing to hire an experienced real estate lawyer can lead to costly mistakes, such as missing hidden liens, failing to identify unauthorized renovations, or overlooking zoning restrictions that affect how you can use the property.

Why You Need a Lawyer Specializing in Real Estate Law

While general practice lawyers can handle real estate transactions, a lawyer who specializes in real estate law has in-depth knowledge of Manitoba’s unique regulations. Here’s why this matters:

1. Real Estate Law is Constantly Changing

Provincial laws governing property tax, zoning, and disclosure requirements are updated regularly. A real estate lawyer stays up to date with these changes to ensure compliance.

2. Title and Ownership Complications

A lawyer with experience in real estate law can identify issues such as contested ownership, liens, or easements that might affect your ability to use the property as intended.

3. Legal Risks in Real Estate Transactions

Real estate deals often involve significant sums of money and binding contracts. A lawyer specializing in real estate law can spot unfavourable contract terms or omissions that could expose you to legal or financial risk.

4. Understanding of Property Tax and Title Insurance

Real estate lawyers understand property tax assessments and can help you determine if you’re paying a fair amount. They also know how title insurance works and can ensure you’re properly covered against potential title disputes or fraud.

Checking for Open Building Permits and Compliance Issues

One of the most overlooked aspects of purchasing a home is ensuring that all renovations and structures on the property comply with local building codes.

A real estate lawyer will:

• Search municipal records for open building permits, which indicate unfinished or unapproved work that could become your responsibility after purchase.

• Confirm that secondary suites, home additions, or major upgrades (such as electrical or plumbing work) were completed with the proper permits.

If a home has open or unresolved permits, the buyer may inherit the responsibility to complete or correct the work, potentially leading to unexpected costs.

Post-Sale Issues and How a Real Estate Lawyer Can Help

Even after a transaction is completed, problems can arise. An experienced real estate lawyer can help you navigate these challenges, including:

1. Undisclosed Defects

If you discover structural issues, water damage, or electrical problems after moving in, your lawyer can advise you on whether the seller may be liable for failing to disclose these defects.

2. Title Disputes or Encroachments

If a neighbour claims ownership of part of your property or if a previous lien was not properly removed, your lawyer can work to resolve these issues.

3. Unexpected Property Tax Issues

Your lawyer can assist if you receive an unexpected property tax bill due to a reassessment or a miscalculation in your property’s tax status.

4. Issues with the Seller’s Compliance

If the seller failed to complete agreed-upon repairs or left behind items that should have been removed, your lawyer can help enforce the terms of the contract.

Key Factors When Choosing a Real Estate Lawyer

1. Experience in Manitoba Real Estate Law

Choose a lawyer with a strong background in real estate law in Manitoba. A local lawyer will understand provincial regulations, ensuring your transaction complies with legal requirements.

2. Transparent Legal Fees

Legal fees vary based on services provided. Ask for a breakdown of costs, including disbursements (land title searches, registration fees, etc.), to avoid unexpected expenses.

3. Knowledge of Title Insurance and Property Tax

A good lawyer will explain title insurance options and help you navigate property tax responsibilities, ensuring you’re not overpaying or facing surprises post-sale.

4. Strong Communication and Availability

Real estate transactions move quickly. Your lawyer should be responsive, keeping you informed of deadlines and legal steps.

5. Reputation and Client Reviews

Check reviews or ask for referrals. A lawyer with a positive reputation in Manitoba’s real estate community is a valuable asset. You can find a list of lawyers practicing in Manitoba on the Law Society of Manitoba website.

Final Thoughts

Choosing a real estate lawyer in Manitoba is an essential step in protecting your investment. A lawyer specializing in real estate law can identify potential legal issues, check for open building permits, and help resolve post-sale issues. By considering experience, legal fees, and expertise in property transactions, you can ensure a smooth home buying or selling process.

Need help finding a trusted real estate lawyer? Contact me today for some recommendations.