Conditions are your only exit
Financing, inspection, status certificate for a condo, and review of documents are conditions — and each is an exit only while it remains unfulfilled and is properly invoked in writing within its period. Once waived, it is gone permanently.
In competitive markets buyers routinely waive conditions to win. Understand precisely what that transfers to you: if financing later falls through, you are in breach and exposed to the seller's losses on resale, not merely the deposit.
What the searches are actually for
Your lawyer or notary searches title for registered charges, liens, easements, rights-of-way and restrictive covenants — anything registered binds you. They also check for outstanding work orders, unpaid taxes and utilities.
**Title insurance** is standard in most provinces and covers defined risks including some fraud and survey issues, but it is not a substitute for a proper search or for a current survey where boundaries or encroachments matter.
Quebec works differently
In Quebec a **notary** prepares and registers the deed of sale and the hypothec — this is not optional, and the notary is a public officer acting for the transaction rather than an advocate for one side.
Quebec also gives buyers a materially stronger position on hidden defects: the Civil Code implies a **warranty of quality** against latent defects, and a seller can be liable even without having known. The corresponding obligation is that you must give the seller written notice promptly on discovering a defect, generally before repairing — failing to do so can defeat an otherwise strong claim.
Closing, and the costs people forget
On closing your lawyer or notary exchanges funds and documents, registers the transfer and the mortgage, and reports to you and your lender. Delays are usually caused by lender instructions arriving late, or by a title issue surfacing at the last moment.
Budget beyond the price: land transfer or welcome tax, legal fees and disbursements, title insurance, adjustments for taxes and utilities, and for new builds the GST/HST and any development levies. First-time buyer rebates and programmes exist in several provinces and are frequently missed.
Frequently asked questions
- Is waiving conditions risky?
- Yes. Conditions are your exit if the property or the financing differ from expectations. Waiving them to win a bidding war moves that risk entirely to you.
- Do I need a lawyer or a notary?
- In Quebec, a notary prepares and registers the deed — it is required in practice. Elsewhere a real estate lawyer handles the searches and closing.
- Is title insurance necessary?
- It is standard and covers defined risks including some fraud. It does not replace a proper title search or a current survey.
- What if I find a defect after closing?
- In Quebec the Civil Code latent-defect warranty is comparatively strong, but you must give prompt written notice before repairing. Elsewhere you generally need concealment or misrepresentation. Get advice before touching anything.
- What costs should I budget beyond the price?
- Land transfer or welcome tax, legal fees and disbursements, title insurance, tax and utility adjustments, and GST/HST plus levies on new builds. Check first-time buyer rebates.
This guide is general information, not legal advice. Laws, costs, and procedures vary by state, province, and your specific situation — speak with a qualified real estate lawyer about your circumstances before acting.