The real estate sector in Quebec has many experts. Including real estate brokers, mortgage brokers, building inspectors and certified appraisers, providing strong support for Quebecers’ projects.
The notary is also a key professional to consult. As an expert in law and legal document creation, the notary plays a crucial role in ensuring the smooth progress of any real estate transaction, whether it involves a purchase, sale, or estate matter.
What does a notary do?
A notary is a specialist in real estate law, well versed in the legal aspects of transactions for both parties and plays a key role throughout various stages of a real estate deal.
Their involvement is required in certain parts of the transaction to ensure that the documents are legal and enforceable. For instance, the notary must be present when both the seller and buyer sign the deed of sale. In fact, the notary is the only professional in Quebec authorized to formalize a real estate transaction by overseeing the signing of this document.
In addition to offering advice, a notary handles tasks such as drafting and recording documents, registration, and managing your property, among many other responsibilities.
6 good reasons to make an appointment with a real estate notary
When embarking on a real estate project, you’ll encounter various complex legal and administrative steps. In this context, consulting a notary becomes essential. Here’s why.
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He provides neutral and objective advice
As a public officer, the notary’s role is advisory, and they must act impartially. They assist both the buyer and the seller by offering clear, personalized legal advice.
This neutrality ensures both parties’ rights and obligations are clearly understood and respected. If a contract clause is unclear or could result in unforeseen legal issues, the notary will explain it in detail and propose modifications if necessary.
With a notary, you’re in good hands!
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He is a guarantee of authenticity
Did you know that the notary is the only expert qualified to draft and validate certain real estate documents?
Hiring a notary ensures the authenticity of these documents. You can be confident that every action related to the creation and validation of the documents has been carried out in full compliance with the law.
As recognized public officers, notaries documents carry an inherent truthfulness. The content, accuracy of information, dates, and attached signatures gives them weight in case of a dispute or in a court.
From creation to preservation
Notaries don’t just create documents; they also handle their publication and preservation. Notarial acts are securely kept by the notary, allowing those concerned to access them and request copies whenever needed.
If the notary who authenticated the document is no longer practising, the Chambre des notaires du Québec has created a online tool to identify their authorized successor, ensuring you can always obtain the necessary copy.
Once the real estate transaction is complete, the notary also manages the registration of the property transfer with the land registry. This step is vital: it validates the transaction not only between the buyer and seller but also in relation to everyone else.
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He guarantees the security of your real estate transaction
One of the key reasons to consult a notary in real estate is to ensure that the transaction meets all legal requirements. The notary verifies the validity of documents, such as property titles, and checks for any mortgages or other legal encumbrances on the property. This protects both parties from potential future disputes.
If there is any doubt or ambiguity, the notary takes the time to clarify uncertainties, ensuring the transaction is completed within a fully compliant legal framework.
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He facilitates the transfer of funds and rights
The notary plays a crucial role in managing the financial aspects of a real estate transaction. They ensure that the funds are secure, and the payment is made safely. Acting as a trusted intermediary, the notary receives the funds into an escrow account, ensuring that the money is protected until all conditions of the transaction are fulfilled.
Additionally, the notary is responsible for transferring property rights by registering the transaction with the relevant authorities, including the Land Register. This process formalizes the transaction and ensures that the new owner is legally recognized.
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He helps you avoid unpleasant surprises
A notary conducts thorough research on the property's history, checking for easements, zoning restrictions, mortgages, or any pre-existing legal issues that could impact your real estate project. By identifying these potential issues early on, the notary helps you make informed decisions and avoid unexpected problems down the line.
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He assists you in managing your assets
The notary can play an important role in the real estate sector even outside of a real estate transaction! They can provide valuable advice on managing your assets, including real estate property, in various situations such as:
- During a separation or divorce
- During an inheritance
- During a donation
In case of separation
In the event of a separation or divorce, a notary can help you find the most suitable solution for your situation, whether it involves:
- Selling the property.
- Transferring the mortgage to one spouse’s name only.
- Signing a takeover agreement.
The notary will also draft the necessary documents and ensure they are properly signed, depending on the chosen option.
During an inheritance
A notary can assist you with planning your will and managing the procedures related to the inheritance of your family estate. You can include instructions about the management of your property, designate an heir, and more.
In the event of a loved one’s passing, a notary can help clarify the situation and guide you through the necessary steps to begin the process.
When should you see a notary?
In Quebec, consulting a notary is mandatory at several stages of a real estate transaction. Here are the key moments when you must consult a notary:
- When making a promise to purchase: If you're not working with a real estate broker, having a notary review or draft the promise to purchase can help prevent misunderstandings and ensure that all terms are clear and legally sound.
- For drafting and signing the deed of sale: The deed of sale must be authenticated by a notary. They ensure that all conditions of the transaction are met before the property transfer takes place.
- For mortgage financing: The notary prepares and authenticates the mortgage deed for the lender, ensuring that the terms align with the agreement.
- When verifying titles: In any real estate transaction, the notary verifies the property titles to ensure that the seller has the right to sell, and that the buyer can legally become the new owner without obstacles.
In short, the notary is a valuable advisor for the purchase, management, transfer, or sale of your real estate property. Don’t hesitate to seek their services whether proactively to avoid disputes or when legal intervention is necessary.
Are you looking for a notary for your next real estate project?
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