Real estate transaction: how much does it cost to work with a notary in Quebec?
Last modified: 2021/05/27 | Approximate reading time 3 mins
A real estate transaction is a process that involves several key steps to ensure that everything happens in the best conditions for each of the parties involved. In addition to real estate agents, several other experts are involved, including mortgage brokers, building inspectors and notaries.
Indeed, during a real estate transaction, notaries play a very important role. In this article, we will first present the amounts you will have to fork out to pay the notary who will take care of your transaction. Then we will discuss in more detail the role of the notary during this process.
What are the notary fees for a real estate transaction in Quebec?
The amounts you will pay include two separate fees: notary fees and administrative expenses. When it comes to the latter, you usually have to pay a minimum of $1200 for a single-family home according to the APNQ. These fees are used to compensate the notary.
For the other additional expenses, it is important to know that the notaries incur several expenses associated with handling your case. For example, they must pay to register your property in the land registry. In most cases, the total amount to be refunded on your end will range between $450 and $500.
Is it mandatory to work with a notary in Quebec?
In Quebec, the law states that it is mandatory to have the documents of a real estate transaction signed and validated by a notary.
Who chooses the notary with whom you will work?
In most cases, the buyer will choose the notary who will validate the transaction. Even if the notary must remain neutral, the buyer must make sure that they are well protected, especially during a transaction where they may owe a balance amount to the seller. The seller may also choose the notary in the event that the object of the sale is a new condo project. There are other possible situations, but this is determined on a case-by-case basis.
In rare cases where the notary is in a situation of conflict of interest, they are required to report this fact to the parties involved in the transaction. Faced with this fact, the seller and the buyer will be able to decide if they decide to use the services of another notary or if they are ready to sign the documents with full knowledge of the facts.
What does the notary do during the real estate transaction?
The role of the notary is essential to ensure the validity of the documents involved in the transaction. The real estate agent sends them several documents pertaining to the property transaction. For example, it will be necessary to give them the title deeds, the certificate of location, the municipal tax statements and documents related to the civil status of each party. With these documents in hand, the notary will check if they notice any irregularities in order to avoid potential problems that could complicate the transaction.
Then, they are also called upon to perform other administrative tasks, such as delisting mortgages that are no longer valid, preparing new mortgages, sending documents to financial institutions, and so on. Finally, they also make use of their expertise by performing certain calculations regarding the costs to be covered by the buyer or the seller. Lastly, the notary will also have the task of drafting the deed of sale, publishing it in the land register and having all the documents signed by the parties involved.
If you want to go into detail, the notary can also perform other tasks such as the payment of mortgages, deeds, issuing checks and so on. They are also responsible for keeping most documents for 10 years, and some documents must be kept forever.
Why it's important to use the services of a notary
A notary is a public officer who operates impartially and must abide by many strict rules in order to obtain and maintain their title. Working with a notary is a guarantee of security to ensure that the transaction takes place in the best conditions and that there are no surprises before or after the signing of documents.
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