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  • Writer's pictureNeil Sullivan

Steps For A Real Estate Closing In Manitoba

By Neil Sullivan, Winnipeg Real Estate Lawyer


Real estate closing

Closing a real estate transaction in Manitoba involves a series of critical steps, whether you’re buying or selling property. At Sullivan McMullan, our exclusive focus on real estate law equips us with the expertise to navigate the complexities of both sales and purchases, ensuring a smooth and secure closing process. Here’s a detailed guide to the steps involved in a real estate closing in Manitoba:

1. Agreement of Purchase and Sale

The process begins with the Agreement of Purchase and Sale, a legally binding contract outlining the terms and conditions of the transaction. Both buyers and sellers should carefully review this document. At Sullivan McMullan, we ensure the agreement protects your interests and complies with Manitoba’s real estate laws.  This agreement is usually prepared by the purchaser’s Realtor.

2. Condition Fulfillment

Most agreements include conditions that must be fulfilled before the transaction can proceed. Common conditions include financing approval, provision of a property disclosure statement, home inspection, and property appraisal. Both parties must work diligently to meet these conditions within the specified timeframe.

3. Title Search

A critical step in the closing process is conducting a thorough title search to verify that the property’s title is clear of any registered liens or harmful encumbrances. Our team at Sullivan McMullan carefully performs title searches to ensure that the buyer receives a clean and marketable title.

4. Preparing Legal Documents

Our role includes preparing and reviewing all necessary legal documents, such as the transfer paperwork, mortgage documents, and closing statements. Accurate preparation and review are essential to prevent future legal disputes and ensure the transaction proceeds smoothly.

5. Mortgage Arrangements

For buyers, securing mortgage financing is a crucial step. We assist in reviewing the mortgage commitment and ensuring that the terms are favourable. Our expertise in real estate law ensures that your mortgage documents are correctly prepared, executed, and registered.

6. Property Insurance

Buyers must arrange for property fire/all-perils insurance before closing. Proof of insurance is typically required by lenders to protect the property against potential risks. We ensure that all insurance requirements are met and documented.

7. Delivery of Clear Title

The lawyers for buyers and sellers work together to ensure there will be sufficient funds to discharge all material encumbrances on the property and make sure the property taxes are current.   

8. Closing Day

On, or shortly before the closing day, several key activities take place:

  • Transfer of Funds: Buyers must provide the remaining purchase funds, including the down payment and closing costs. We will provide you with an estimate in advance as soon as we have your bank’s mortgage instructions and will coordinate the transfer of these funds to the seller.

  • Adjusting for Property Taxes: The lawyers for the buyer and seller will make arrangements to adjust for property taxes so each party ends up responsible only for those days they are in ownership.

  • Signing Documents: Both parties sign the necessary documents to finalize the transaction. Our team ensures that all documents are correctly prepared and executed and compliant with legal requirements.

  • Delivery of Keys: Typically when a buyer meets with their lawyer, the seller’s lawyer will have arranged to have a key provided for use on the time and day of possession by the buyer.

  • Registration: We handle the registration of the title and mortgage with The Property Registry of Manitoba (Land Titles Office). This step officially transfers ownership to the buyer and secures the lender’s interest.

9. Post-Closing Matters

After closing, we address any post-closing matters, such as disbursing funds, delivering a copy of the new title (by PDF) to the buyer, and resolving any last-minute issues. Our commitment to client satisfaction means we remain available to answer questions and provide support even after the transaction is complete.

Why Choose Sullivan McMullan?

Sullivan McMullan is the only law firm in Manitoba that practices real estate law exclusively. Our deep focus on this area of law allows us to provide unparalleled expertise and dedicated service to our clients. Whether you’re buying or selling, our team is committed to ensuring a seamless and successful closing process.

Our clients consistently praise our thoroughness, professionalism, and personalized approach, as evidenced by our positive reviews. When you choose Sullivan McMullan, you can trust that your real estate transaction is in the hands of experienced professionals dedicated to protecting your interests.

Conclusion

The real estate closing process in Manitoba involves several critical steps that require expert legal guidance. At Sullivan McMullan, our exclusive focus on real estate law ensures that both buyers and sellers receive comprehensive support throughout the transaction. From initial agreement to final registration, we are committed to making your real estate closing as smooth and stress-free as possible.


 

Neil Sullivan is an experienced real estate lawyer based in Winnipeg. As a founding partner at the esteemed law firm of Sullivan McMullan, the only law firm in Manitoba that practices real estate law exclusively, he is dedicated to providing expert legal services to clients throughout the province.


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