Boudreau Law provides full service Real Estate transactions. Whether you’re buying or selling a house, condo, cabin, or rental property, Boudreau Law will ensure that your legal requirements are satisfied and all of your legal interests are protected.
We strive to meet your needs in the friendliest and most affordable way we can. At Boudreau Law, you’re not just another client – you’re welcomed as part of the Boudreau Law family. Simply call to set up an appointment.
Whenever possible, we follow the Western Law Societies’ Conveyancing Protocol, which can shave a few weeks off the usual process. Not all house deals qualify though, so we will advise whether this is an available option after speaking with the real estate agents and the other party’s lawyers.
Purchasing a Home
We will review your Offer to Purchase and advise the vendor’s solicitor how you wish to have title registered. We calculate the amount that must be paid to close the deal, taking into account any deposit already paid and any anticipated proceeds from mortgage funds. We advise you of the required cash to close, which you must provide to our office in the form of a bank draft or certified cheque. These funds are placed in our Trust Account and paid out as required over the course of the deal.
Title Search & Review
Title to a property will usually have encumbrances registered against it. These encumbrances can include caveats, easements, rights-of-way, builder’s liens, mortgages, and judgments, amongst other potential registrations. We conduct a thorough search of the Land Titles database from our office to identify all of the registrations listed on the title. We then determine which of the encumbrances must remain on title after your purchase and which ones must be discharged. There may be caveats registered against title that limit the way a property can be used; we review these items with you so that you are aware of any limitations on the use of the property.
We make sure that all prior mortgages are paid by the vendor and removed from the title, so you can rest assured that you will receive clear title after the deal is finalized. We also make sure that any mortgage you place on the property is properly and accurately registered in accordance with the applicable legislation and the requirements of the lender.
Land Transfer Tax
Almost all property purchases in Manitoba are subject to the Land Transfer Tax, with a few rare exceptions. The tax is a sliding scale based on the fair market value of the property and must be paid when the transfer of the property is registered with the Land Titles Office. We will advise you as to the amount that must be paid.
Title Insurance & Land Surveys
We review your Offer to Purchase and other documents to determine whether you should hire a Land Surveyor to obtain a Land Survey & Zoning Memorandum or whether purchasing Title Insurance is a better option for you. If you decide to purchase Title Insurance, our office is able to do that for you on your behalf.
We review the information provided by your Insurance Agent to ensure that it meets the legal requirements to protect your investment and comply with any obligations imposed by the lender if you borrow funds to finance the purchase.
Disbursements & Other Expenses
While it is impossible to know in advance precisely what expenses will be incurred, we will provide you with an estimated cost of disbursements based on prior experience with similar files. Common expenses include land transfer tax, registration fees, title search fees, land surveys, title insurance, tax certificates, property taxes, courier charges, photocopies, postage, interim interest charges, legal fees, file administration, and archival fees.
Once title has issued and all registrations and discharges have been completed, we will provide you with a final report outlining the documents filed and funds paid on your behalf.
Selling a Home
We will review your accepted Offer to Purchase and prepare all of the necessary documentation required to close the deal. We calculate the appropriate amount of property taxes that should be attributed to the purchaser and determine how much the purchaser must pay on closing to finalize the deal. Just prior to closing, we will provide the purchaser’s solicitor with the keys and all required documents. On closing, we obtain the necessary cash to close and subsequent proceeds from any mortgage obtained by the purchaser to finance the deal.
We will obtain the payout balance from your financial institution. After the deal closes and all funds have been received from the purchaser, we pay out the mortgage balance and arrange for the mortgage to be discharged from title.
Disbursements & Other Expenses
We will ensure that all outstanding property taxes, utility bills, home improvement loans, and real estate commissions are paid. Other common expenses include registration fees, title search fees, tax certificates, courier charges, photocopies, postage, legal fees, file administration, and archival fees.
Once all of the required documents have been registered and all required costs have been paid, we will provide you with a final report and a trust cheque containing the balance of the sale proceeds.
If you are looking for a skilled real estate lawyer in Winnipeg, the Boudreau Law firm is here to serve you—call us today!