What happens when the notary approaches?

Many people imagine a cash buyer arriving with a briefcase full of money. In reality, the conclusion of a real estate sale is always carried out in a secure and legal manner. When you’re “getting close” to the signing date at the notary’s office, a number of concrete steps are triggered, from administrative checks to bank transfers and publication in the land register. Here’s a clear, practical guide to understanding what’s going on, who’s doing what, and how to prepare yourself to receive your money with complete peace of mind.

Contents

• The notary’s role and why he centralizes funds
• Timing and flexibility of the notarization date
• Documents and procedures carried out by the notary
• Ongoing costs for the seller
• How and when you receive your money
• Practical checklist for signing
• Questions to ask your notary
• Common pitfalls and how to avoid them

Why the notary centralizes funds and documents

The notary is the neutral actor who guarantees the legality and security of a real estate transaction. Rather than exchanging money directly between buyer and seller, banks make transfers to the notary. The notary receives all the funds and documents, verifies their conformity, publishes the deed in the land register, and only releases the money once all the conditions have been met.

All the money goes to the notary, and it’s the notary who will manage not only the documents, but also the money.

This procedure protects all parties. Among other things, the notary ensures that there are no outstanding mortgages, that tax accounts are up to date or settled, and that the deed is properly published.

Signature date: indicative or binding?

The date indicated on the promise to purchase is generally indicative. Unless a strict deadline is expressly mentioned, it can be brought forward or postponed without the sale being called into question. Practical reality depends on several factors:

• Notary’s availability
• Funds deposited in the notary’s account
• Obtain required documents (mortgage discharge, certificates, tax statements)
• Availability of parties for signature

If you want to bring the date forward or postpone it, it’s best to notify the parties involved as early as possible. A recommended practice is to inform your broker or notary about 30 days in advance to facilitate coordination.

What steps does the notary take?

Here are the main tasks taken on by the notary before signing and up to the final payment:

• Receive and check all purchase and sales documents
• Confirm identity of parties and validity of signatures
• Coordinate the cancellation of existing mortgages on the property
• Obtain and verify required certificates from the municipality, including municipal tax status
• Check for undisclosed encumbrances, easements or mortgages
• Publish the deed of sale in the Land Register of Québec
• Handle bank transfers and remit the balance to the seller after publication

The cancellation of a mortgage deserves a simple explanation: it involves “severing the link” between the mortgage and the property, so that the bank can no longer claim ownership. The notary carries out this procedure, generally paying the initial costs and then re-invoicing them to the vendor according to the terms of the deed.

Signing and deregistration fees

Although it’s sometimes said that the seller doesn’t have to pay anything, fees are almost always applied. Here are the most common costs:

• Notary’s fees, covering drafting and publication of the deed
• Mortgage write-off fee, if a mortgage has to be written off
• Fees for obtaining municipal certificates, such as municipal tax statements
• Various administrative fees, depending on the notary and the complexity of the case

The amount may vary from case to case. The notary often pays certain fees in advance and then re-invoices them to the seller. It is normal to have a closing invoice detailing these items. Don’t hesitate to ask for an overview of costs before signing, to avoid any surprises.

Money transfer: how and when you get paid

The financial process is typical and secure. Here are the main stages:

1. The buyer makes a bank transfer to the notary’s account, according to the instructions provided.
2. The notary confirms receipt of the funds and ensures that all conditions have been met.
3. The notary publishes the deed in the Quebec land register to formalize the transfer of ownership.
4. Once publication has taken place, the notary releases the sums due to the vendor.

How long does it take to receive the money? In general, after signing at the notary’s office and publication in the land register, allow 48 to 72 working hours for the funds to be available. Weekends and public holidays are not included in this timeframe. If you need a specific date, ask your notary how long he estimates publication and payment will take.

Practical checklist for the seller before the signing date

To facilitate the procedure and avoid delays, please have the following items ready:

• Valid ID (driver’s license, passport, etc.)
• Full bank details for depositing funds
• Keys and property access codes
• Statements or proof of payment of municipal taxes, if available
• Information on any existing mortgages (name of lender, file number)
• Contact your broker and notary
• Availability for signing and time preference

Providing the notary with these documents in advance saves time and reduces the risk of postponement due to the absence of essential documents.

Useful questions to ask your notary

Before signing, it’s a good idea to ask these questions to fully understand the process and the costs involved:

• What specific costs will I be billed for, and how will they be itemized?
• What documents must the municipality provide, and who is responsible for them?
• What is the estimated time between signature and publication in the land register?
• After publication, how soon will I receive my payment?
• Are there any additional charges if the signing date changes?

Common cases and practical solutions

Here are some common situations and how to deal with them:

1. Money doesn’t arrive on time

If the buyer delays making the transfer, signing may be delayed. To avoid this, ask the notary for clear banking instructions and a deadline for the funds to be available at the notary’s office.

2. The date on the promise to purchase is no longer appropriate

If you need to bring forward or postpone the signing, inform your broker and the notary at least 30 days beforehand, if possible. The notary will check availability and propose a new date. Fees may apply if a change is requested at the last minute.

3. Mortgage to be written off and high costs

Mortgage write-offs incur costs. Ask your notary for an estimate, and if you have any concerns, contact your financial institution for information on the formalities involved in deregistration.

Tips for stress-free selling

• Communicate early, especially if your availability changes. Early communication reduces surprises.
• Check your bank details and send them to the notary before signing.
• Be prepared for costs and ask for an advance statement of charges to avoid unpleasant surprises.
• Keep a copy of important property documents and send them to the notary if necessary.
• When confirming date changes or providing documents, use written messages (e-mail) to keep track.

The role of the land register and the publication deadline

Publication in the Land Register of Quebec is the official step that transfers ownership. The register serves to protect against fraud and to publicize a property’s chain of title. Until the deed is published, the transfer is not complete in the eyes of the register. Only after this publication can the notary make the final payment.

In practice, the notary publishes the deed and, once confirmation of publication has been received, releases the funds. The delay may vary according to the notary and the volume of publications, but 48 to 72 working hours is a reasonable time to expect.

Summary of key points

• A cash buyer does not hand over cash to the seller. The funds go through the notary.
• The date on the promise to purchase is generally indicative. Unless otherwise stipulated, it can be modified.
• The notary centralizes the documents, clears mortgages, obtains municipal certificates, publishes the deed and releases the funds.
• Fees are generally charged to the seller, notably for mortgage cancellation and certificates.
• After signing, allow 48 to 72 working hours before receiving payment, to allow time for publication in the land register.

Final practical tips

Remember to confirm your availability well in advance of the planned date, and ask your notary for an estimate of the fees you will be charged. Also discuss the exact method of receiving the funds, whether by electronic transfer or another method accepted by your banking institution. Finally, don’t panic if the date moves by a few days. As long as all parties and the notary are informed and in agreement, this flexibility is normal and common.

Useful resources (to consult)

For additional information, look for official and reliable resources in Quebec, such as the Registre foncier du Québec site, theOrdre des notaires du Québec, and government pages on municipal taxes and mortgage cancellation. These organizations explain the formalities and documents often required to finalize a real estate transaction.

Good preparation, clear communication and collaboration with a competent notary make all the difference to a smooth sale, with reasonable lead times for receipt of funds.

Useful resources and templates

If you’d like to go further, here are some practical templates and a sample timeline to attach to your file. You can copy and paste these texts into your e-mails to save time and reduce the risk of errors before signing.

Sample e-mail to the notary

Subject: Documents and bank details - sale  [adresse]

Hello Master,

Here are the documents required for the signing on  [date].
- Identity document: [type]
- Bank details (IBAN/No transit/No account): [details].
- Mortgage information: [lender / file number].

Can you confirm the final list of estimated costs and the expected time between publication and payment?

Thank you,
[Name and phone number]

Sample e-mail to the buyer or his bank

Subject: Confirmation of transfer instructions - sale  [adresse]

Hello,

Please confirm that the transfer to the notary will be made according to the following instructions:
- Beneficiary: [name of notary].
- File reference: [reference]
- Deadline for receipt by the notary :  [date]

Please notify me as soon as the transfer is initiated.

Best regards,
[Name]

Typical chronology (from D-30)

• D-30: Inform notary/broker of availability and forward identity documents.
• D-15: Confirm bank details and obtain estimated closing costs.
• D-7: Check mortgage cancellation and municipal certificates in process.
• D or D+1: Signature at the notary’s office.
• D+2 to D+4: Publication in the land register and payment of funds (usual deadline).

Quick FAQs

• What happens if the buyer doesn’t sell in time? Signing is usually postponed. Ask for a clear deadline for the transfer.
• Who pays the radication fees? The notary often pays the initial fees and then charges them back to the seller, depending on the deed.
• How do I receive proof of publication? Ask your notary for written confirmation or acknowledgement of receipt from the land registry as soon as publication has been completed.

These elements, together with the checklist already included in the article, will help you secure the transaction and reduce the stress associated with the last few days before signing.