How to Consider selecting a Notary for Your Real Estate Transaction |

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The Notary: An Essential Public Officer

In Quebec, signing a real estate deed of sale must be done before a notary. Under the Notarial Act (CQLR, c. N-3) and the Civil Code of Québec, only a notary can confer the authentic character required for a deed to be published at the Land Registry. The notary acts as an impartial public officer: they do not exclusively represent either the buyer or the seller but ensure that the rights of all parties are protected. Their role goes well beyond simply signing documents.

The Notary's Responsibilities in Your Transaction

Perform title searches at the Land Registry to ensure the seller is the rightful owner and the property is free of undeclared charges.
Verify the property's compliance with the municipality (property taxes, certificate of location, zoning).
Prepare the deed of sale and mortgage deed, ensuring all conditions of the purchase offer are met.
Handle financial adjustments between the parties (property taxes, condo fees, heating oil, etc.).
Receive funds in trust and process disbursements (repayment of existing mortgage, payment to seller, transfer duties).
Publish the deed of sale and mortgage deed at the Quebec Land Registry.

Cost Range for Notarial Fees

Notarial fees in Quebec are not regulated and vary by notary, region, and file complexity. For a standard residential transaction (deed of sale and mortgage deed), fees generally range from $1,200 to $2,500, taxes included. This amount typically covers title searches, deed preparation, signing reception, and Land Registry publication. Additional fees may apply for an updated certificate of location ($700 to $1,500 if required), mortgage cancellation, or files involving condominiums or estates.

How to Choose the Right Notary

Verify their registration with the Chambre des notaires: Check the member directory at cnq.org to confirm the notary is registered on the Roll of the Order and their right to practise is active. This verification is free and immédiate.
Favour specialization in real estate law: A notary whose practice is primarily focused on real estate will have better knowledge of common issues (servitudes, condominiums, title defects) and the requirements of different lenders.
Evaluate communication and availability: A good notary explains each step in simple terms, answers your questions within a reasonable timeframe, and keeps you informed of file progress. During the first contact, assess their ability to make the process understandable.
Request a detailed quote: Obtain in writing the breakdown of all fees: professional fees, disbursements, applicable taxes. Compare with at least one other notary to ensure the price is competitive for your local market.

The Certificate of Location: A Key Document

The certificate of location is a document prepared by a land surveyor that illustrates the property boundaries, buildings, servitudes, and encroachments. The notary requires an up-to-date certificate of location (generally less than 10 years old, or more recent if modifications have been made). The responsibility for providing an updated certificate normally falls on the seller. If a new certificate is needed, costs range from $700 to $1,500 depending on the property. The notary will analyze this document to detect any issues that could affect the property's value or enjoyment.

Frequently Asked Questions

What is the notary's role in a real estate transaction in Quebec?

The notary performs title searches, prepares the deed of sale and mortgage deed, receives the parties' signatures, handles financial adjustments (property taxes, condo fees), and publishes the deeds at the Quebec Land Registry. They act as an impartial public officer who protects the interests of all parties.

How much do notary fees cost for a real estate purchase?

Fees generally range from $1,200 to $2,500 for a standard residential transaction in Quebec. This amount includes the deed of sale, mortgage deed, title searches, and publication fees. Additional fees may apply for complex files (condominiums, servitudes, estate sales).

Who chooses the notary when buying property?

The choice of notary generally belongs to the buyer, who is responsible for paying notarial fees. However, if the lender requires a specific notary for the mortgage deed, the buyer may still consider selecting a different notary for the deed of sale, though this typically incurs additional costs.

How can I verify if a notary is authorized to practise in Quebec?

Check the member directory of the Chambre des notaires du Québec (cnq.org). This free online directory confirms that the notary is registered on the Roll of the Order, that their right to practise is active, and that they hold valid professional liability insurance.

Can I negotiate the notary's fees?

Yes. Notarial fees are not regulated and vary from one firm to another. It is recommended to request a detailed written quote from at least two or three notaries before making your choice. Ensure the quote includes all fees, including disbursements (copies, publication, certificates).

What happens if the notary discovers a title problem?

If the notary discovers a title defect (uncleared mortgage, undeclared servitude, encroachment), they must inform all parties. The transaction may be delayed while the issue is resolved. In some cases, title insurance can cover the risk. The notary will recommend a course of action based on the severity of the problem.