The Appointment at the Notary’s

Have you signed a promise to purchase for a property? Have all the conditions in the accepted promise to purchase been met?

You’re now ready to schedule your appointment with the notary!

This key step officializes a home or condo purchase (or sale). 

The Notary’s Impartial Role

But first, let’s take a closer look at the notary’s role during a real estate transaction.

The notary acts as a public officer between the seller and the buyer. Although it’s usually the buyer who chooses the notary, the notary acts impartially. 

Thus, the notary must recite the facts and provide fair and unbiased legal advice without influencing either the buyer’s or seller’s decisions.

The Different Steps That Make Up the Transaction 

Your broker will guide you throughout the purchase process, from searching for a property and negotiating with the seller to signing the promise to purchase.  

Following this, your broker will help you assemble the various important documents required by the notary, such as:

• the signed promise to purchase
• the certificate of location (read our article The Certificate of Location’s Function) 
• municipal and school tax statements 
• invoices for repairs and renovations (as proof) 
• the Declaration of Co-Ownership (for a condo), original and stamped (a printout isn’t accepted);
• any still valid warranty papers 
• previous deeds of sale 

To understand the broker’s role during a real estate purchase, consult our article. 

This is when the notary joins the process to finalize the transaction! Here are the steps: 

1. Pre-Appointment Preparations 

Before meeting with you to formalize the purchase, the notary will review your file, examine the documents provided by the broker, conduct legal checks on the property, and prepare all the paperwork involved in the transaction.

The notary also takes the time to ensure that all the promise to purchase’s conditions have been met. Note that before signing the deed of sale, the buyer must furnish proof of home insurance for the property to the notary.

2. The Big Day 

Generally, both the buyer and seller are present during the meeting with the notary. Brokers don’t typically attend. 

The different steps: 

The Notary Explains the Documents

The notary explains all legal documents in detail to the parties involved, particularly the deed of sale and the mortgage deed. They ensure that everything is in order and that each party understands their obligations.

The Documents Are Signed

Once all the documents have been read and explained, the buyer and seller sign the deed of sale. In cases where the transaction involves a mortgage loan, the buyer will have signed the mortgage deed with their financial institution a few days prior to signing the deed of sale.

The Keys Change Hands 

If both the seller and the buyer are present at the appointment, the keys can be handed over. However, if the buyer is to take possession of the property at a subsequent date, both parties will need to conclude a separate agreement regarding the keys. 

The Notary Publishes the Deed of Sale 

After all the documents have been signed, the notary publishes the deed of sale in the Quebec Land Registry, formalizing the transfer of ownership.

The Notary Administers the Funds 

The notary is responsible for managing and disbursing the funds. The buyer will have remitted the necessary sum in advance (including the downpayment and closing costs). The notary will then transfer the net proceeds of the sale to the seller after carrying out the usual checks in the land registry following the publication of the sale.

3. After the Appointment 

The notary sends a copy of the documents to the parties and retains the originals in their archives for a period of ten years. The originals of the notarized deeds are kept indefinitely in the notarial registry.

If you have any questions, don’t hesitate to contact a notary working in your area!

Visit the website of the Chambre des notaires du Québec

Find a notary