Real Estate

McRoberts Law Office LLP - Wills and Estates Winnipeg, Manitoba

We can help advise you on the next steps and help you proceed."

Congratulations on the purchase or sale of your home! Before you sign the binding agreement/contract for sale, we recommend you to bring it to our office for a review. If time is of the essence and you cannot make it in before the deadline, ensure a clause ("... subject to your lawyer's approval as to form and content" within a specified time period, such as five business days) is included in the contract. This allows you to meet with a lawyer; if there is something important missing in the contract, or something that you need clarification on, we can help advise you on the next steps and help you proceed.

Purchase and Sale

Every property in Winnipeg has a "title" associated with it. When a property is purchased or bought, the title (essentially a deed) is transferred to the new owner. McRoberts Law Office LLP will handle all of the documentation for you, making buying and selling your home as stress-free as possible. With respect to a sale, we will ensure the keys are not released to the purchase until their lawyer confirms that the purchasers have remitted all funds necessary to complete the purchase and that all conditions of the purchaser's new mortgage have been fulfilled such that when title is registered the proceeds of the purchaser's new mortgage will be advanced to complete the purchase. Once the money has been received, we will pay the real estate commission, any existing mortgages, or other encumbrances that need to be discharged from title and that are required to be paid to complete the sale.

Your sale contract may require a registration of mortgage discharge; this proves to the purchaser that the property they are buying is free and clear of any mortgages. There is a nominal fee to register the discharge of mortgage.


The usual disbursements that occur when you purchase a property include:

Land Transfer Tax and Registration Fee

The land transfer tax is payable by the buyer and is collected by the Land Titles Office when the title documents are presented for registration. The tax is a percentage of the purchase price. For example:

Purchase Price Tax
$50,000.00 $100.00
$75,000.00 $225.00
$100,000.00 $400.00
$125,000.00 $650.00
$150,000.00 $900.00
$200,000.00 $1,650.00

Amounts over $200,000.00: $1,650.00 plus 2% of amount of purchase price in excess of $200,000.00.

Mortgage Registration

The Land Title Office charges a $87 fee to register a mortgage.

Building Location Certificate (Survey Certificate)

A Winnipeg survey company will usually charge about $500 for a building location certificate (survey certificate). The certificate shows the exact location of a building on your property; it also outlines whether a building on your property encroaches onto an adjoining property, or if a building or structure on an adjoining property encroaches onto your property.

Zoning Memorandum

The City of Winnipeg (for Winnipeg properties) will issue a zoning memorandum certifying that your property complies with zoning regulations for side yards and alignments. A building location certificate (survey certificate) that is no more than one year old is required for this document, for which the City of Winnipeg charges a fee. Municipalities also charge fees for this document. The cost varies depending on which government authority is issuing the document.

Title Insurance

In lieu of a new Building Location Certificate and Zoning Memorandum, most lenders will accept a policy of Title Insurance. The cost of Title Insurance for most residential transactions is approximately $250.00.

Tax Certificate

A tax certificate, issued by the City of Winnipeg, certifies that all property taxes are paid on your property. The certificate costs $53. Municipalities also charge fees for this certificate, the cost of which varies depending on the municipality.


McRoberts Law Office LLP charges $75 for file administration and storage. In addition, there may be additional expenses for courier, photocopying, facsimiles and Land Titles searches.

Before closing of the contract of sale/purchase agreement, we will provide an itemized statement of the money needed to complete the purchase of your new home. If you, the purchaser, are obtaining a new mortgage to acquire the property, you must pay the seller about 30 days of interest – this payment will change depending on the circumstances. There will also be an adjustment between you and the seller with regard to the property taxes. Taxes are also applied to legal fees and most disbursements.

Practising Lawyers: Cal Friesen, Kenneth Thomas Greenhalgh, H. Mark LaClare, Martha P. Musuka, Conor Williamson, G. Alex Cudney, Garry J. Sinnock, Harley Greenberg, Nikki C. Kagan, Andrea Rous, Nick Doyle

Our Services


The information provided herein is of a general nature. Please contact us at 204-944-7907 to speak with a lawyer to discuss the specifics of your situation.