As a condo or house owner, you hold title to your unit and jointly own common areas with other unit owners. When buying a condo or house it is important to consult a lawyer.

What type of home should you purchase and how can a lawyer* help you?

*Please note that a notary fills this role in the province of Quebec.

What is Condo Ownership?

As a condo owner, you hold title to your unit and jointly own common areas with other unit owners.

Tip: The price of a condo may be less than that of a house but you’ll pay an additional monthly fee that goes towards maintaining public areas of the condo including hallways, elevators, rooftop patios, surrounding gardens, parking garages, etc.

Do I Need a Lawyer for a Condo Purchase?

When buying a condo it is important to consult a real estate lawyer for the following reasons:

• Your lawyer will inspect financial reports and status documents to ensure you won’t be stuck with any hidden costs after purchase.
• To examine and explain condo by-laws, rules and disclosure statements.
• To transfer condo keys, mailbox keys and any swipe cards that come with your unit.

What is Co-operative Housing?

Cooperative housing may exist in anything from an apartment building, to a large home to a townhouse complex. In a co-op, you are not a tenant nor are you an owner; you are a member of a legal association that owns and maintains a co-op building.

Tip: Co-ops are community-oriented and each member has a vote when it comes to making decisions regarding building management.

Do I Need a Lawyer for a Co-op Purchase?

Though there is no mortgage or down payment with a co-op (you pay a monthly rent) you might want a lawyer to:

• Go over the occupancy agreement and outline its details in full before you sign.
• Simplify co-op terms, conditions, member rights and responsibilities.
• Clarify the conditions under which you may be evicted from the co-op.

What is Freehold Housing?

This is the traditional homeowner’s option. With freehold, you own the house and the land it occupies. You’re free to manage the land and its structures as you wish (in accordance with any restrictive covenants).

Do I Need a Lawyer for a Housing Purchase?

You must have a lawyer for the following:

• To conduct a title search and make sure the seller actually owns the house.
• Obtain title insurance.
• Pay land transfer taxes on your behalf.
• Find land surveys that confirm lot lines.
• Transfer keys.