Notary Public

Learn the role of a notary public in Canadian real estate transactions, especially in Quebec and BC, and how they help certify legal documents.

Notary Public



What is a Notary Public?

A notary public is a legal professional authorized to witness, certify, and prepare documents commonly involved in real estate transactions, especially in provinces like Quebec and British Columbia.

Why Notary Publics Matter in Real Estate

In Canadian real estate, notaries play a key role in ensuring that legal documents — such as purchase agreements, property transfers, and mortgage contracts — are properly executed and legally binding.

While lawyers are often used in most provinces, notaries handle many real estate closings in Quebec and parts of British Columbia. Their responsibilities may include:
  • Verifying identity and signatures
  • Drafting and registering legal property documents
  • Managing title transfers and mortgage registration
  • Holding funds in trust for closing
Using a notary public can be a more cost-effective alternative to a lawyer in some transactions. However, notaries generally cannot represent clients in disputes or provide the same breadth of legal advice as a lawyer.
Choosing a qualified notary ensures that your transaction proceeds smoothly, with accurate documentation and legal compliance, particularly when buying or selling property in regions where they are standard.

Example of a Notary Public in Action

A buyer in Montreal hires a notary public to finalize their condo purchase, ensuring all documents are correctly registered with the provincial land registry.

Key Takeaways

  • Certifies and drafts real estate documents.
  • Common in Quebec and parts of B.C.
  • May replace a lawyer in standard closings.
  • Handles legal registration and fund transfer.
  • Essential for document validity and compliance.

Related Terms

Additional Terms

Rent Control

Rent control refers to government regulations that limit how much landlords can increase rent for residential tenants each year.. more

Receivership

Receivership is a legal process where a court or secured creditor appoints a receiver to take control of a borrower’s assets, such as property or. more

REALTOR

A REALTOR is a licensed real estate professional who is a member of the Canadian Real Estate Association (CREA) and adheres to its Code of Ethics and. more

Property Use History

Property use history refers to the documented past uses, functions, and occupancy of a property, which may affect environmental risk, zoning, or. more

Property Management

Property management is the oversight and administration of real estate assets on behalf of the owner, covering leasing, maintenance, financial. more

Property Maintenance

Property maintenance refers to the ongoing upkeep, repair, and management of a building or land to preserve its safety, functionality, and appearance.. more

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