Legal services

You will need to appoint a lawyer to represent you during the purchase of your second home in Nova Scotia. With our network of contacts throughout the province, we’re well placed to give you a shortlist of local firms experienced in real estate.

By law any contract for the purchase of real estate must be in writing, and in most cases the standard Agreement of Purchase and Sale as approved by the Nova Scotia Real Estate Commission is used.

This agreement has a clause that allows you to specify that your lawyer can review the contract within a specified time period.

Conveyancing is a straightforward process in Nova Scotia. Some of the procedures handled by your lawyer will include:

• A title search: the standard agreement of purchase and sale allows for a specific time period for this to be completed. If there is a valid objection to the title, which is not removed or waived, the agreement is null and void, and the deposit returned to the buyer (without interest)
• Confirmation that the property conforms to any applicable zoning by-laws
• Search for any judgements, work orders or deficiency notices
• Calculatation outstanding amounts for utilities and property taxes, including any special assessments. These are adjusted at closing, and credited or charged as appropriate to either the seller or the buyer
• Confirmationation of non-residency issues: if the seller is not a Nova Scotia resident, the lawyer will hold back funds at closing until confirmation is received that the seller has paid the required capital gains tax. This is to protect the buyer, who is liable if the tax is not paid
• Provide a final reporting letter at closing, including title insurance details (if applicable), references to documents received from the seller and a statement of adjustments

How much does it cost? Naturally it varies for lawyer to lawyer, but the range will be somewhere between $650-$800 for legal fees, plus $300-$400 for disbursements.

Useful link:
The official website of the Nova Scotia Barristers’ Society includes a search facility to find members.