Notaries

Purchase / Sale of a property

The purchase or sale of an immovable property is not to be taken lightly. It is a serious transaction full of consequences. The notary is the acknowledged expert in the law of immovable property transactions. Following your initial meeting with your real estate representative, do not hesitate to consult your notary for your purchase or sale. He will inform you about the procedures of the transaction that will avoid surprises along the way and ensure that the deed of sale is signed in harmony. At the time of signature, the notary explains the rights and obligations of the parties to the deed. He is duty-bound not to remit the sale price to the vendor until the necessary verifications have been completed and all parties are fully protected.

a) Title search

After carrying out the necessary title search, your notary is in a position to guarantee that title to the property will not be contested.

First, his search consists of verifying whether

• the vendor is the true owner of the property
• the vendor has the right and capacity to sell it
• the vendor’s spouse or other persons must consent to the sale

With the aid of a certificate of location, your notary then verifies whether

• the dimensions of the lot are correct
• the buildings have been properly erected on the lot to be sold
• the dwelling has been built in conformity with municipal by-laws and zoning regulations
• the neighbour’s property encroaches on the lot
• the windows conform to legal standards
• thereexist rights of way

Finally, from his title search, your notary will be able to detect any charges or real rights likely to affect or limit your right of ownership, such as hypothecs, seizures, judgements, servitudes, etc.

b) Deed of sale

Your notary drafts the deed of sale with the care and attention to detail that characterizes his work, incorporating all the clauses essential for the protection of your rights into the document. The notary also draws up all other deeds related to the deed of sale: hypothecary loan, servitude, acquittance, co-ownership agreement, will, etc. The notarial deed is proof of its contents. You will be given an authentic copy of the original, which is numbered, recorded, and kept in the office of the notary, all of which is for your protection.

c) Mortgage financing

The notary contacts your Mortgage lender and receives all of the information necessary to establish the mortgage. In order to do so, the notary must prepare certain documents for your signature. Upon approval by the bank, the notary receives your signature, sends a report to the bank guarantying that the property has a clear title, publishes the mortgage documents at the Land registry office and receives the disbursement of funds by the bank.

d) The sale price

For your protection, you will have the benefit of the administration of funds by the notary in his trust account. The funds will not be released until all verifications have been made and that the notary has assured himself that no adverse entry may affect your title of property.

Reproduced with permission from
Gagné Isabelle Patry & Laflamme
188 Rue Montcalm
Gatineau (Hull), QC

This page is provided as a service to the reader. It is not an
advertisement for, nor an endorsement of, Gagné Isabelle Patry & Laflamme.  The views expressed are those of the author.

Contact John 613 769 4830 or e-mail Contact John
He will gladly help you with your real estate needs.