The notary process explained simply (Part 3)

You’re about to buy or sell a property and the notary enters the picture? Breathe, it’s not as mystical as it sounds. Here’s a clear, straightforward explanation of what the notary does, who does what, and what important steps to anticipate to avoid unpleasant surprises.

What is the role of the notary in a real estate transaction?

The notary has two main and complementary tasks: to manage the money involved in the transaction and to have the deed published in the land register. It is he who centralizes the buyer’s money, verifies the titles, publishes the sale and ensures that mortgagesare written off when necessary.

All the money in the transaction… he’s the one who’s going to take care of all the money.

In other words, the notary doesn’t just play the role of a public officer who draws up the deed. He also acts as a neutral custodian of the funds. As long as the transfer has not been published in the land register and all the conditions have not been met, it is the notary who holds the money in a trust account.

Concrete steps: from promise to purchase to delivery of funds

Here’s how it works, step by step, in usual practice:

• Signing of the deed of sale (acte notarié): a date is set for signing at the notary’s office. The notary generally makes the appointments and communicates with the buyer and seller.
• Remittance of funds by the buyer: the buyer must provide the notary with the necessary funds. These funds enter the notary’s account (in trust) a few days before or at the time of signing, depending on banking practices and instructions.
• Publication in the land register: the notary publishes the sale and cancels any mortgages. This formalizes the transfer of ownership and frees the notary to make payments to the seller.
• Payment to the vendor: once publication has been confirmed and mortgages have been cancelled, the notary can pay the money to the vendor. In practice, allow around 48 working hours after signing for the money to be available.

Deadlines to be aware of

The time between signature of the deed and receipt of the funds by the seller is not instantaneous. Generally speaking, it takes around two working days for the publication and bank clearing operations to be completed. If a mortgage has to be cancelled, or if other complex formalities are involved, it may take a little longer.

Who makes appointments and who communicates?

The notary coordinates the appointments. Neither the seller nor the buyer need arrange the calendar themselves; the notary calls the parties concerned to set the date. If you have a broker, he or she can be informed, but the scheduling of appointments depends on the notary.

Documents and the importance of writing

The notary relies strictly on the documents he receives. Everything must be clear and complete. If something isn’t written down in black and white, the notary can’t make it up. This is why verbal agreements between buyer and seller are not enough if they are not formalized.

If you’re doing a non-brokered transaction, be even more rigorous: mention all the important elements in writing (possession date, inclusions/exclusions, special conditions, transfer of keys, etc.). The notary will apply what is written in the deed and in the accompanying documents.

What happens if the date changes?

The deed of sale date is not a strict deadline in itself. It can change for a variety of reasons: the notary’s availability, the mortgage lender’s availability, personal constraints, vacations, etc. A postponement of a week or two is common and acceptable. A postponement of a week or two is common and acceptable.

However, if the date has important consequences (e.g. conditional purchase of another property, scheduled move with truck rental, end of lease coinciding), make this clear to the notary and the other party. The earlier you communicate, the easier it is to organize the logistics.

The land register: what is it and why is it important?

The land register is the official register in which all transactions affecting real estate – sales, mortgages, easements, rights, etc. – are recorded. Until the sale is published in the register, ownership is not fully transferred under the registration system. The notary takes care of this publication.

In particular, the publication enables :

• officially transfer ownership;
• cancel previous mortgages;
• make it possible to pay the funds to the seller;
• to protect the buyer against possible unregistered claims.

Practical checklist: what the buyer needs to provide

• Valid proof of identity (driver’s license, passport, etc.).
• Proof of funds and bank instructions in the case of transfers or investment certificates.
• Confirmation of mortgage if the purchase is financed: instructions from the bank or financial institution.
• Copy of signed documents (promise to purchase, conditions, appendices).
• Bank details for any adjustments or refunds.

Practical checklist: what the seller must provide

• Proof of identity.
• Certificates, property-related documents: deed, certificate of location, co-ownership bylaws, if applicable.
• Information on existing mortgage: balance, contract number and lender’s contact details to facilitate write-off.
• Instructions for handing over the keys and inventory of fixtures, if required.

Special cases and things to watch out for

Here are a few situations that require special attention:

• No broker: without a professional to oversee the transaction, make sure every point is written and signed.
• Multiple mortgages: the notary must obtain the cooperation of the creditors in order to cancel the registrations. This can lengthen the time required.
• Lease end date or tight deadline: signal any major time constraints right from the start.
• Inter-municipal transfers or successions: additional formalities may be required, lengthening the process.

Tips to avoid mistakes

• Put everything in writing: don’t leave questions unanswered about verbal agreements.
• Provide the notary with documents quickly: the sooner he has everything in hand, the sooner he can prepare for publication.
• Confirm the schedule: if a date is crucial, remind the notary and the counterparty.
• Check your bank’s instructions for large transfers to avoid unexpected bank delays.

Frequently asked questions

How long after signing does the seller receive the money?

In general, the seller receives the funds approximately 48 working hours after signature, by which time publication in the land register has been completed and any mortgages have been cancelled.

Can the notary change the date of a deed?

Yes, the date can be changed by agreement between the parties and depending on the notary’s availability. This is not considered an imperative deadline unless the deed or a clause stipulates otherwise.

Who keeps the money between signing and publication?

The notary holds the money in his trust account until all conditions are met and the publication is made.

What if I don’t have a broker?

Be very careful when drafting agreements, and provide the notary with all the necessary documents. It is often useful to ask the notary for a precise list of the documents he expects.

Useful resources (official and informational sites in Quebec)

Here are a few reliable Quebec and Canadian references for further reading:

• Quebec Land Registry: https://www.registrefoncier.gouv.qc.ca/
• Chambre des notaires du Québec: https://www.cnq.org/
• Éducaloi – Buying a house (clear legal explanations): https://www.educaloi.qc.ca/capsules/acheter-une-maison
• Autorité des marchés financiers (mortgage information and financing): https://lautorite.qc.ca/
• Ministère de la Justice du Québec (general information on real estate law): https://www.justice.gouv.qc.ca/

To sum up: points to remember

• The notary centralizes the money and ensures that the transaction is correctly published in the land register.
• Appointments are usually made by the notary, who coordinates the arrival of the parties.
• Everything must be in writing: the notary applies what is in the documents, not what is said orally.
• The date of the deed may change, but it signals any critical constraint so that the notary can get organized.
• After publication, allow about two working days for funds to be paid to the seller.

If you’re preparing a transaction, start by gathering all your documents and clearly communicating your time constraints. This will make the notary’s work much easier and reduce the stress of the last few days. Enjoy your transaction!