Are you looking for a real estate notary in Montreal or, more generally, in Quebec? Our notarial office assists individuals and businesses with all their real estate transactions and notarized deeds. Whether you are a buyer, seller, or investor, our role is to secure your transactions, avoid unpleasant surprises, and ensure that your rights and obligations are respected.
To secure your real estate transactions and benefit from professional support, contact us today.
What is the role of a notary in real estate law?
A notary in real estate law acts as an impartial expert and legal advisor during the purchase, sale, or financing of real estate. They examine titles, draft and authenticate legal documents, and ensure publication in the Quebec land registry to protect all parties.
Notaries can also intervene in matters involving divided or undivided co-ownerships and in the management of mortgage guarantees, securing financing with the lender.
Why use a notary specializing in real estate law?
Using a notary specializing in real estate law provides security and peace of mind during any transaction. The notary protects your interests, clarifies your obligations, and ensures that your transaction complies with the latest real estate legislation in the Province of Quebec. In addition, the law requires an authentic deed for the real estate transaction to be legally valid.
Legal certainty and protection
The notary guarantees that the title deed is valid and that the transaction does not involve any hidden defects. They enable you to avoid unpleasant surprises related to mortgage registrations, easements, or future disputes. You can also be sure that your purchase or sale will be fully recognized by law.
Trust and validity of documents
Thanks to their role as experts in real estate law, notaries ensure that all legal documents are drafted correctly in accordance with the latest regulations in force. The signing of the deed of sale, the release of the mortgage, or the drafting of a joint ownership agreement become enforceable against third parties and protect all parties.
Financial security
The notary manages the mortgage transaction, the payment of funds to the lender, and the release of mortgage liens. Your funds and financing are protected, and publication in the Quebec land registry guarantees that the property will be transferred to you without risk.
Personalized support and advice
The real estate notary advises you according to your situation: purchase of a condo, single-family home, land, real estate project, or complex financing. They help you understand your rights and obligations, make informed decisions, and anticipate complications.
The main services offered by our real estate notary
A real estate notary offers a range of legal services related to residential, commercial, or multi-unit property. Each service is designed to address a specific situation and secure the rights of the parties involved.
Drafting and signing of deeds of sale
The notary drafts the final deed of sale, presents the clauses to the parties, confirms the civil status of each party, and oversees the signing in person or remotely. The notary also ensures that all the conditions set out in the offer to purchase are met.
Drafting and registration of mortgages
In the case of financing, the notary prepares the mortgage deed required by the bank. They then register the mortgage in the Land Registry to ensure the validity of the lender’s recourse.
Review of the certificate of location
The notary checks the status of the property: compliance of buildings, encroachments, easements, legal restrictions, zoning, and compliance with property boundaries.
Drafting and publication of receipts
When a mortgage is repaid, the real estate notary will draw up the mortgage release and publish it in the Land Registry to officially release the property.
Establishment of easements
The notary prepares deeds creating, modifying, or removing easements: right of way, view, access, sewer, public utility easement, etc. Publication in the Land Registry makes the easement enforceable against future owners.
Drafting of co-ownership deeds
For divided or undivided co-ownership, the notary can prepare or amend deeds: declaration of co-ownership, joint ownership agreement, distribution of shares, operating rules, rights and obligations of co-owners.
Contracts between co-purchasers
When a couple, friends, or business partners purchase together, the notary drafts an agreement to establish the financial contribution, property management, and division in the event of separation or resale.
Real estate powers of attorney
The real estate notary prepares a power of attorney allowing one person to sign a real estate transaction on behalf of another, within clearly defined limits.
Publication in the Land Registry
Any deed relating to the property must be published in the Quebec Land Registry to be effective against third parties. The notary is responsible for transmitting, following up on, and confirming the registration.
Document verification and updates
The notary verifies and validates various documents related to the real estate file: municipal and school tax statements, insurance certificates, compliance with municipal regulations and zoning, existing leases, condominium bylaws and amendments, and real rights published in the Land Registry.
Regulation of notarial acts in real estate law in Quebec
In Quebec, notaries are governed by the Notaries Act and supervised by the Chambre des notaires du Québec (Quebec Chamber of Notaries). Notaries act as legal advisors and public officials, guaranteeing the validity and security of legal acts relating to real estate. They are responsible for providing legal advice, completing preliminary formalities, signing deeds of sale, authenticating deeds, and filing them with the Quebec Land Registry.
Every notary specializing in real estate law must adhere to strict standards of diligence, transparency, and confidentiality. Transactions are recorded in such a way that the title to the property is enforceable against third parties and all parties are protected. Notaries also oversee mortgage registrations, releases, and cancellations to ensure that funds are secure and rights and obligations are respected.
Why choose our notary office specializing in real estate law?
Our notary office stands out for:
Responsiveness: The notary office responds quickly to your questions and requests, to avoid any unnecessary delays in your real estate transactions. Every email or call is treated as a priority, so you can move forward with peace of mind.
Availability: The office also offers evening and weekend appointments to fit your schedule. This allows us to manage your case without disrupting your personal or professional obligations.
Clear explanations: Each step of the transaction is explained in a simple and understandable way. You will know exactly what each clause means and what your obligations and rights are.
Personalized support: You are guided throughout the process, from title review to final signing. The team is always available to answer your questions and clarify each step, ensuring comprehensive and personalized follow-up.
Cutting-edge expertise: Specialized experience in complex real estate law, international law, and mortgage financing.
Contact a notary specializing in real estate law
To secure your transactions and benefit from reliable advice, contact our real estate law notary. Our notary office in Montreal will assist you with all your real estate projects, from financing to signing, including mortgage management and publication in the Quebec land registry. Don’t take any risks, call on a notarial law expert today.
Frequently asked questions about real estate law
What is a real estate notary?
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A real estate notary is a legal professional who drafts, authenticates, and secures all legal documents related to real estate. They advise the buyer and seller, verify titles, and ensure that all legal obligations are met.
When should I call on a notary?
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Before any real estate transaction, whether it involves finalizing a purchase offer, a deed of sale, a mortgage loan, or as part of an estate that includes real estate. The notary secures your transactions and protects your rights.
What does publication in the Quebec Land Registry mean?
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Publication makes the real estate sale and mortgage registration enforceable against third parties. It guarantees that the title to the property is legally registered and protects the rights of all parties.
What is the difference between a notary and a real estate lawyer?
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A real estate notary acts as a public officer and expert in real estate law, drafts and authenticates legal documents, and ensures publication in the Quebec Land Registry. A lawyer can represent clients in court in the event of a dispute and provide legal advice, but the regularization of real estate sales is a regulated area of the notarial profession.
What are the criteria for finding the best real estate notary?
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Look for a notary who specializes in real estate law and has experience, responsiveness, availability, and clarity in their explanations. Also check their expertise in the type of property you are buying (house, condo, divided co-ownership) and their affiliation with the Quebec Chamber of Notaries.
What are the fees for a real estate notary in Quebec?
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Fees vary depending on the complexity of the transaction and the services required. They may be fixed for standard deeds (mortgage deeds, receipts) or calculated as a percentage of the sale price of the property. The notary always provides the client with a precise fee proposal before starting the file.