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Oscar Fernandez GarciaNotary

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Real estate law

For most people, buying a property is the largest financial commitment they will ever make. The notary examines title, prepares the deed of sale and the hypothec, carries out the required publications, and makes sure the funds reach the right people at the right time.

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What the notary does in a real estate transaction

In Québec, an immovable hypothec must be received by a notary, on pain of nullity. The deed of sale is notarised because it has to be published in the Land Register to be set up against third parties.

For most people, buying a property is the largest financial commitment they will ever make. Whether it is a first home, a condo or a plex, a sale with or without a broker, a refinancing, a gift to a relative or a transfer between spouses or within a family, the notary examines title, prepares the deed of sale and the hypothec, carries out the required publications, and makes sure the funds reach the right people at the right time.

Two separate reasons, often confused, put the deed before a notary. A mortgage deed must be received by a notary, en minute, or it is null: that is article 2693 of the Civil Code of Quebec, and it allows no exception. Without a notary there is no valid immovable hypothec, and therefore no financing.

A deed of sale, on the other hand, is not void if it is not notarized, but it must be published in the Land Register to be set up against third parties, and only a notarial deed en minute can be published there directly. Until the sale is published, a third party acting in good faith can assert rights over the property you believe is yours.

A notarial deed is an authentic act: it proves its own content and date, and challenging it requires a special proceeding called improbation. That protection lasts as long as the title does, not just on signing day.

What you should know

  • Buying, selling, refinancing

    Buying a property, selling with or without a broker, refinancing or changing lender, gifting an immovable or transferring it between spouses or within a family.

  • Checks before you sign

    Examination of title and of the entries in the Land Register, review of the certificate of location and of municipal and school taxes.

  • One notary for every party

    As an impartial public officer, the notary advises the buyer, the seller and the lender. You do not need one on each side.

  • No mandatory tariff

    There is no mandatory tariff in Quebec. Disbursements such as Land Register publication duties are added. You are given the breakdown before any work begins.

Useful questions

The answers that matter before you start

Can I choose my notary when buying?

In Québec the buyer usually chooses the acting notary, since the buyer pays the fees. The offer to purchase may, however, provide otherwise.

What is the certificate of location for?

It describes the current state of the immovable and flags irregularities such as an encroachment or an undeclared servitude. A certificate that is too old, or that no longer reflects the premises, may have to be redone.

How long does a real estate transaction take?

The timeline depends on the verifications required and on receiving documents from third parties. It is confirmed to you when the file is opened.

Do I need a different notary from the seller?

No. The notary is an impartial public officer acting for every party to the deed, including the mortgage lender. One notary is enough, and that is the usual practice in Quebec.

What happens if the sale is not published in the Land Register?

The sale stays valid between you and the seller, but it cannot be set up against third parties. If the seller resold the same property to someone who published their deed before you, that person would prevail. Publication is part of the notary’s mandate.

Can I sign a mortgage without a notary?

No. Article 2693 of the Civil Code requires an immovable hypothec to be received by a notary, en minute, failing which it is null. Without that there is no valid hypothec and the lender will not advance the funds.

Does the notary check the condition of the building?

No. The title search covers rights, not construction. The physical condition of the building is a matter for a pre-purchase inspection by a building inspector, and the position of the land against the titles is a matter for the certificate of location, prepared by a land surveyor.

How much does a notary cost, and who pays?

There is no mandatory tariff in Quebec. Fees are governed by the Code of ethics of notaries and are set according to the time spent on the file, its complexity and the searches required. Costs are shared according to the work done for each party: the buyer bears the fees and disbursements tied to their own searches and to publication; the seller bears the cost of the discharge and the cancellation of their hypothec, along with the searches that concern them, unless the purchase offer provides otherwise. On top of fees come disbursements, which are not fees: Land Register publication duties, search costs and, where applicable, the land surveyor’s charges. You are given the breakdown when the file is opened, before any work begins.

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Keys on a signing table next to a pen and a file.

The notary advises both sides

Unlike a lawyer, who represents one party and defends that party’s interest, a notary is a public officer: the duty is to act impartially toward every party to the deed, advising the buyer, the seller and the lender alike.

The notary is not there to negotiate on your behalf, but to make sure each person signs knowing exactly what they are signing. It is also why one notary is enough for a transaction.

Why the money goes through the notary

Funds go through the notary’s trust account, kept separate from the notary’s own accounts and supervised by the Chambre des notaires. The notary first pays off what encumbers the property (the seller’s mortgage balance, outstanding taxes, registered claims) and releases to the seller only what is left once the property is clear.

Without it, a buyer would hand over the price with no assurance that the seller’s mortgage would ever be repaid.

Understanding more

The key aspects of your file

The checks

What the notary checks before you sign

The title search traces the chain of deeds to confirm that the seller really owns the property and has the right to sell it. In the Land Register, the index of immovables reveals what a visit cannot show: an undischarged hypothec, a servitude, a seizure for unpaid taxes, a declaration of co-ownership.

The certificate of location, supplied by the seller at the seller’s expense, describes the property against the titles and municipal by-laws. If it is more than ten years old the notary will require a new one: the ten-year prescription in article 2917 of the Civil Code may have changed the rights over the land without anything being registered.

  • Municipal and school tax accounts, and any arrears.
  • The hypothecary entries to be discharged on the day of signing.
  • That the cadastral designation matches the certificate of location.
  • Whether a declaration of co-ownership exists and, if so, the syndicate’s financial position.

The risks

What happens when a step is skipped

A mortgage deed signed anywhere other than before a notary is null: the hypothec does not exist and the lender will not advance the funds.

A sale that is not published remains valid between seller and buyer, but cannot be set up against third parties: if the seller resells to someone who publishes first, that second buyer prevails.

An expired certificate of location lets through an encroachment or a non-compliant installation, problems often discovered years later, at resale.

General process

  1. File opened

    The accepted offer and the parties' details are sent to us.

  2. Verifications

    Title, entries, certificate of location and taxes are examined.

  3. Draft deed

    The draft is presented and explained to you before the signing appointment.

  4. Signing and publication

    The deed is signed, funds are disbursed and publication is carried out.

Before the meeting

Documents to prepare

Depending on your situation, other documents may be required, or some of these may not apply. This list is indicative and does not replace the instructions you will be given for your own file.

Checklist for buying a property
  1. Valid identification for each party.
  2. The accepted offer to purchase and its annexes.
  3. The existing certificate of location, if there is one.
  4. The most recent municipal and school tax bills.
  5. Your financial institution’s details, where applicable.

Official sources

This page provides general information and does not constitute legal advice. Each situation must be assessed individually.

Next step

A question about your file?

Write to us or call the office. We will tell you which steps to follow and which documents to prepare.

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