This page provides general information about buying a home in Nova Scotia. It does not replace advice from a lawyer. If you are buying a home, you should consult with a lawyer.
The information on this page applies off-reserve. It does not apply to reserve land.
Things to consider
What should I look for when buying a home?
You should look for something that fits your needs and budget to the greatest extent possible.
Prepare a needs list by deciding what you are looking for in a home in terms of size, bedrooms, location, type of neighbourhood, etc.
Then, try to settle on a price range that you can afford. You will need a down payment of at least 5% of the house price. Do not forget to consider other costs, such as home inspection, deed transfer tax, other closing costs and your lawyer's fees. Your lawyer will explain these costs to you in advance.
Are there things to consider if I buy in a rural area?
Yes. You should consider:
- Water supply - When purchasing a rural home, you should test the drinking water. Consider having both the quality and quantity of water tested. Most rural homes will be on a well, so you must ensure the water is safe to drink before purchasing. Some properties rely on shared well agreements. Talk to your lawyer to ensure your shared well agreement is adequate.
- Wastewater disposal - Most rural homes are on a septic system, and you will want to have someone inspect this to ensure it is in working order.
- Access to services - Consider how far you have to travel to services such as hospitals, schools, work, shopping, etc.
- Rural economics and population trends—In some parts of the province, the population is aging and declining in size. You should consider how services in the area might change over the long term.
Are there things to consider if I’m buying a newly built home?
New homes may have fewer maintenance concerns, but there will be different questions to ask if you’re buying a newly built home. For example:
- Is the home covered by a new home warranty? If so, what does the warranty cover? How does the warranty process work?
- Have all the required permits been issued? Can copies be provided for your review?
- Are the homes in the area subject to restrictive covenants? If so, what are the terms? Who enforces them?
- What is the builder’s policy regarding deficiencies? On closing, you will conduct a walkthrough of the property and come up with a list of items that are incomplete. Some builders will allow you to hold back funds until the items are complete and others will provide a letter of undertaking to complete the deficiencies.
Are there things I should consider if I’m buying a condominium?
When buying a condominium you should find out:
- The monthly condominium fee and what it covers.
- Whether there are plans to increase the fee.
- Whether there have been any maintenance or repair problems.
- Whether there are any specific plans for maintenance or repairs in the future.
- Whether there are any upcoming special assessments.
- How much is in the reserve fund to cover future maintenance and repairs.
- Whether most units are owner-occupied or rented.
- Whether there are rules about short-term rentals (like Airbnb)
- Whether the units are adequately soundproofed (for example, whether you can hear the occupants in neighbouring units).
Who is involved
Who is involved in buying a home?
When purchasing a home, you will require the services of a lawyer, a real estate agent, and, most likely, financial assistance from a mortgage lender. You may also need the services of other professionals, such as building inspectors and land surveyors.
What is the role of a lawyer?
Your lawyer will:
- Review your purchase offer and inform you of your legal rights and obligations when buying your home
- Explain the conditions you and the seller must meet before you are legally obligated to buy and the general terms of the legal contract you have entered into.
- Ensure that you understand the limitations of your new home, such as restrictions on the use of the property or rights of way over the property.
- Conduct a title search to confirm that you will receive clear title.
- Review documents and ensure that you and the seller execute the documents correctly,
- Ensure that you have provided them with sufficient funds to complete the closing of the sale
- Ensure the seller’s lawyer pays off any liens or mortgages on closing
- Following closing, file documents to register your mortgage and you as the new owner of the property.
What is the real estate agent's role?
A real estate agent advises on the type of property that best suits your needs, including balancing your wish list with any budgeting limitations. They will prepare the offer to purchase and negotiate on your behalf with the seller's agent. When purchasing a home, the real estate agent has obligations to the seller, so ensure you ask your agent to explain how this obligation may limit their duties to you as a buyer.
What is the role of the financial institution lending you the mortgage?
Your lender’s primary role is to provide you with a mortgage to enable you to purchase your home.
There are many different mortgage plans with different interest rates. Your financial institution should help you decide which mortgage best suits your financial situation and needs. A financial institution may give you a pre-approved mortgage, enabling you to know what you can afford and avoid getting your heart set on a home that is outside your price range. Note that even if you are pre-approved for a certain amount, your lender will also need to approve the specific property you are purchasing.
Some buyers use a mortgage broker to find the best mortgage for them. A mortgage broker is a licensed professional who acts as an intermediary between homebuyers and lenders. A good mortgage broker will be very knowledgeable about the different products offered by different financial institutions and can make your search for a mortgage much more efficient.
Whether you work with a mortgage broker or directly with a lender, don't hesitate to ask any questions you feel will help you decide what kind of mortgage best suits your needs.
What should I look for when choosing a lawyer, real estate agent, or financial institution?
Look for a professional who will competently and diligently handle the transaction. Buying a home is a major purchase and you want the people involved to know their stuff.
Take the time to understand what the services will consist of. You can ask family, friends or people you work with who they would recommend. Lawyers may have varying rates. You do not necessarily need to choose the first lawyer or real estate agent you approach to represent you; explore your options. Ask whether their practice is for the lawyer to meet with the client for a closing appointment. You should talk with different financial institutions and have them explain the different mortgage options available based on what you can afford. They will explain such things as fixed and variable rates and help you determine the best mortgage repayment options. You can also use a mortgage broker to shop around for you.
Can I use the same real estate agent or lawyer as the seller?
Yes, but hiring a lawyer or real estate agent who does not represent the seller is recommended. This ensures they will solely serve your interests in the home-buying process.
Making an Offer
What costs are involved in purchasing a home?
Before making an offer to purchase a house, ensure that you understand and can afford all the costs of buying the home and the purchase price.
Here is a list of the usual fees for buying a home:
- A down-payment
- Inspection fees (home inspection and sometimes inspection by an electrician, roofer or other tradesperson)
- Moving costs
- The cost of connecting utilities
- Closing costs:
- Legal fees
- Land transfer tax (both Municipal and Provincial, if applicable)
- Property tax
- Fuel adjustments
- Document registration fees
- Survey fees (if applicable)
- Title insurance
- Renovations or repairs that are required immediately.
You will want to find out what each is likely to cost so that you can stay within your budget as much as possible.
Remember to budget for insurance on the building and contents from the closing date. Usually, you don’t pay your real estate agent, as they take a share of the fee paid by the seller to their agent.
What should I include in my offer to purchase?
In your offer to purchase, you should include:
- Any chattels (removable items) that you want to include in the purchase—Some chattels that are commonly included are large appliances such as the stove, fridge, or dishwasher. Personal furniture items like sofas, chairs, paintings, etc., are rarely included, but they can be if you and the seller agree to it.
- Any conditions, such as the seller having to vacate by a specific time on the closing date or that the offer is subject to you having it reviewed by your lawyer.
- Any repairs that the seller needs to complete by a specific date.
- Whether the offer is conditional on securing satisfactory financing by a specific date, a home inspection, or selling your current home. Your real estate agent and lawyer will help you when you draft your offer to purchase to ensure any concerns you have are appropriately addressed. If your offer is accepted, you must pay a deposit to the seller's agent, who will hold it until the sale proceeds.
What happens if the seller doesn’t accept my offer?
If the seller disagrees with the price you offer or any of the conditions in the offer, they can make a counteroffer. You then have to decide whether to accept it. You may also be able to make a further counteroffer. If you and the seller cannot reach an agreement, negotiation is over, and you should look for another property.
What if one of us does not satisfy the conditions in the purchase agreement?
The purchase agreement is a contract. It follows the general rules of contract law. The offer will have specific time frames for each of you to satisfy the conditions and there can be specific consequences for failing to satisfy them. If one party cannot satisfy a condition of the contract, the other party may withdraw from it, provided the contract allows the withdrawal for that breach.
For example, you might have a specific time to get mortgage financing; if you can’t get a mortgage, you may withdraw from the agreement before that deadline without paying a penalty.
You should tell your lawyer or agent if you cannot meet a condition within the time frame provided.
If you decide not to complete the purchase because you find another house you like better, you will forfeit the deposit, and the seller will have the option of suing you for damages.
What is a property disclosure statement?
A Property Disclosure Statement is a report that the seller provides. It discloses information about the property's existing condition that is known to the seller. This statement will help you decide whether further inspections are needed.
Review it carefully and ensure the seller answers your questions about it. For example, if the Property Condition Disclosure Statement says that the roof was last replaced 10 years ago, you may want to have it inspected to see if it needs repair.
The seller must complete the Property Disclosure Statement honestly and disclose what they know about the property's condition. However, it’s not a warranty or any kind of guarantee that the property is free from defects. It’s limited by the seller's knowledge. There may be latent defects in the property that the seller is not aware of.
Should I have a building inspector inspect the home?
Yes. Purchasing a home is a significant investment. As much as possible, you should ensure that what you are about to purchase will not have any unexpected problems. Hiring a building inspector will help identify any past or present problems with the house that may not have been apparent to you when you viewed the property. While having a building inspector look over the house you wish to purchase may cost money, the potential cost of not having a building inspected could be far more significant.
The home inspector cannot identify every potential problem; however, if you are unsure of a particular aspect of the house, such as wiring, structure, the roof, etc., you can hire a specific tradesperson such as an electrician, roofing specialist, etc. further to investigate the part of the house in question.
Your contract usually has a time frame for this. Ensure you are aware of the time frames you have to meet. If the home inspection finds significant or costly problems, you may be able to withdraw from the purchase or ask the seller to fix them or pay all or part of the cost. Talk to your lawyer and real estate agent if you are concerned about the inspection results.
What are restrictive covenants?
Restrictive covenants are conditions that come with the property you are purchasing. They may include restrictions about the size of the building, prohibitions against establishing a business on the property, and many others. Restrictive covenants are usually in place to protect the value of your property and homes in your neighbourhood.
Your lawyer will inform you if your property is subject to a restrictive covenant and, if so, what the terms of the restrictive covenant are. Awareness of them is essential when buying or selling your home.
Closing
What happens on the closing date?
The closing date is when you complete the purchase and receive possession. Your lawyer will have prepared a closing statement showing all the money due to complete the purchase. You should ensure that you provide your lawyer with a certified cheque or bank draft payable to your lawyer in trust for the balance due from you.
Your lawyer will:
- Arrange to receive the mortgage funds from your lender.
- Transfer the appropriate funds to the seller's lawyer on the closing date.
- Ensure you pay the closing costs such as deed transfer tax, legal fees, and title insurance.
- Register your deed and mortgage with the Land Registration Office
- Provide you with the original deed to the house post-closing.
When can I move in?
This will depend on whether your lawyer has received all the funds necessary to complete the purchase from both you and the lender.
You will complete a final inspection of the property, and if this is satisfactory, your money has been paid, and your lawyer has received the deed from the seller’s lawyer, your lawyer will arrange for you to have the keys to your new home.
Will my spouse be included in the deed to the home?
You should discuss with your lawyer whether you and your spouse should jointly own the property and the options of how you take title to your new home. For example, as a sole owner, joint tenant or tenant in common. If your mortgage lender relies on both your spouse and your income to support a mortgage application, then it will require both names on the deed.
When should I insure the property and its contents?
Ensure you have insurance coverage on the property from 12:01 am on the day of closing. Your lawyer will require proof of insurance in the form of a binder letter from the insurance company.
What is title insurance?
Lenders usually require title insurance as a condition of financing. Title insurance is specialized insurance that you should discuss with your lawyer. It protects you (and your lender) from things like:
- Title fraud
- Title defects that impact your ownership of the property or your ability to sell, mortgage, or lease your property in the future
- Liens against the property’s title, such as unpaid debts secured against the property by a previous owner.
- Encroachment and boundary issues
- Errors in surveys
If you purchase an owner title insurance policy, it is a one-time closing expense. A lender policy is specific to your current mortgage. If you were to refinance the property in future, you would have to purchase a new lender policy.
Am I required to register my new home under the Land Registration Act?
If the property you purchase is not yet registered, the seller must ensure it is registered before the sale. The registration process is sometimes called conversion or migration to the land registration system. There is a fee for registration. It is up to the purchaser and the seller to negotiate who covers the costs. The practice has developed that the seller usually pays the cost of registration.
Your lawyer will tell you if the property you’re purchasing has been registered. Once a property is registered under the land registration system it will not need to be registered again. You can visit the Land Registration Office of Nova Scotia's website for more information on registering property and the Land Registration Act.
What is a Parcel Register?
The Nova Scotia Land Registration system requires the seller to register all the title information in the parcel register at the government land records office. Every parcel register has a number (Parcel Identification Number or PID), which remains the same through ownership transfers. Your lawyer will review the details of your parcel register with you before the purchase.
What is a location certificate?
A location certificate is a survey conducted by a Nova Scotia Land surveyor. It ensures that the building the seller is selling to you is within the boundaries of the lot. It ensures the property as you viewed it, is within the boundaries of what the owner has to sell. In some cases, your lender will require you to get a Location Certificate to ensure the money it is loaning you is secure. Often, your lender will accept title insurance in lieu of a Location Certificate.
More Information
For more information about buying a home, we suggest the following guides from:
- Nova Scotia Real Estate Commission
- Canada Mortgage and Housing Corporation
- National Bank of Canada
- Financial Consumer Agency of Canada
A realtor can give you information about the home-buying process and about the market conditions in the areas that interest you.
A lender or mortgage broker can provide information about mortgage products and the amount of money you might be able to borrow.
A property lawyer can give you information about the legal rights and responsibilities associated with home ownership and advise you about the risks involved in purchasing property.
Last Reviewed: Sept 2024