How to find a notary for my real estate transaction in Quebec?

When purchasing real estate in Quebec, it's usually the buyer who chooses the notary.

Your promise to purchase has just been accepted, or you're preparing to refinance your property, and you need to find a notary quickly?

Don't panic. Here's what the notary does, when to find them, and 5 factors to consider when making your choice.

The notary's role when buying a home

In Quebec, the notary is a public officer. They advise the buyer, seller, and financial institution impartially, regardless of who chose them.

Specifically, according to Éducaloi, they handle:

• Title examination: they verify the property's history to ensure the seller is indeed the owner and has the right to sell it (mortgages, servitudes, etc.).
• Certificate of location verification: prepared by a land surveyor, it describes the property's current state and reveals any irregularities.
• Deed of sale and deed of hypothec: they draft them based on the promise to purchase. In Quebec, a real estate hypothec must be executed before a notary.
• Adjustments: they allocate municipal and school taxes (and, if applicable, co-ownership fees or rents) between seller and buyer based on the transaction date.
• Trust account: the transaction money passes through their trust account ("in trust"). The notary pays the seller's creditors before remitting the balance.
• Publication in the land register: this is public proof that you are the new owner.

What about refinancing?

Even if there's no sale, a new deed of hypothec must be signed before a notary. Everything that follows therefore also applies.

Who chooses the notary: the buyer or the seller?

In the OACIQ's promise to purchase form, the notary is chosen by the buyer, who also assumes the costs. Their name and the signing date are written into the promise.

However, the seller and buyer may agree otherwise in writing. Your mortgage lender also has a say, but they frequently accept the notary chosen by their client.

When to find your notary?

Ideally, as soon as your promise to purchase is accepted, if not before. The notary can even advise you on the purchase offer before you sign it.

Why not wait? Your notary needs time to receive the certificate of location (the OACIQ recommends they have it at least 20 days before signing), obtain the lender's documents, and do their verifications. Your lender may also ask you for your notary's name as soon as financing is approved.

5 factors for choosing a real estate notary in Quebec

1. A notary who handles real estate... and your property type

All notaries are trained in all areas of the profession, but not all practice real estate. Many focus on estates, family law, or corporate law, for example.

And among those who handle real estate, some don't take all property types: a divided co-ownership, a plex, or land, for example. Others work only with certain financial institutions or mortgage lenders.

Before going further, verify two things: does the notary accept your property type, and do they work with your lender? You'll avoid wasting time, especially if your signing date is approaching.

2. A transparent notary, from the quote

Fees vary from one notary to another and according to your file. What matters is knowing exactly what you'll pay.

Choose a notary who provides you with a written and detailed quote right away, with:

• their fees;
• disbursements (publication fees, searches, etc.);
• taxes;
• what's included, and what could be added.

Beware of "to be confirmed" fees or extras announced at the last minute. A transparent notary also answers your questions clearly and promptly. A complete article on notary fees is coming soon on our blog.

3. Availability and timelines

Your signing date is set in the promise to purchase. Make sure the notary can meet this deadline, especially during busy periods like around July 1st.

4. Language and proximity

You'll be more comfortable asking your questions in your language. And know that your notary doesn't have to be located in the property's city.

Remote signing of a notarial act is permitted in Quebec, but it remains an exception governed by law: meeting in person is still the rule.

5. Reputation and communication

Check Google reviews and ask for recommendations. Your notary should be easy to reach and able to explain legal aspects in simple terms.

Where to find a notary?

• Your circle: word of mouth remains a safe bet. Do you have a family notary? That's a good lead, if they practice real estate.
• Your real estate broker or bank: they often work with notaries and can recommend some.
• The Chambre des notaires directory: the Find a notary tool lets you search by municipality, field of practice, and language.
• Google reviews: handy for validating a reputation.
• NotaireFacile: describe your transaction once and receive free quotes from multiple notaries. Only notaries who accept your property type receive your request: you don't have to sort through them yourself. You compare prices, Google reviews, and languages spoken, then you choose.

Not sure yet?

Ask for a detailed quote from more than one notary. You'll quickly see differences in price, services, and timelines. Get notary quotes.

Questions to ask your notary before choosing

• Do you accept my property type, and do you work with my mortgage lender?
• Can you provide me with a written quote with detailed fees, disbursements, and taxes?
• What could increase the bill?
• Can you meet my signing date?
• Who will handle my file day-to-day?
• What documents will I need to provide you, and when?

Red flags

• A very low price with no disbursement details, or refusal to put the quote in writing.
• Vague answers or very long return times.
• A request to transfer money anywhere other than the notary's trust account. If in doubt about banking coordinates, call your notary at a number you already know.
• A person presenting themselves as a notary but not appearing in the Chambre des notaires' roll.

Information to provide for an accurate notary quote

The more complete your request, the more accurate the proposed price:

• Property type: divided co-ownership (condo, etc.), single-family home, plex, or land;
• Purchase price (or refinancing amount);
• Expected signing date;
• Number of buyers;
• Mortgage lender;
• City of the property.

In summary

To find a notary, start as soon as the promise to purchase is accepted. Verify that they accept your property type and your lender, require a written and detailed quote, and choose someone available with whom you're comfortable.

That's exactly what NotaireFacile allows you to do, for free: get notary quotes and choose with confidence.

FAQ

Is it mandatory to use a notary to buy a house in Quebec?

If you're buying with a mortgage loan, yes: a real estate hypothec must be executed before a notary. In practice, the deed of sale is also signed at the notary's office, who verifies the titles and manages the funds in trust.

Does the buyer or the seller choose the notary?

Generally the buyer, who also pays the fees for the deed of sale and hypothec. However, the parties can agree otherwise in the promise to purchase.

Do all notaries handle real estate transactions?

No. Many notaries focus on other areas, such as estates or family law. And some real estate notaries don't take all property types or only work with certain lenders. Check this from the first contact.

Does the notary have to be in the same city as the property?

No. You can choose a notary elsewhere in Quebec, for example closer to your home or workplace.

How far in advance should you find your notary?

As soon as possible after the promise to purchase is accepted. The notary must receive the certificate of location and the lender's documents in time to do their verifications before signing.

How much does a notary cost for a home purchase?

Prices vary depending on the notary, property type, and your file. The best way to know is to compare several written and detailed quotes, including fees, disbursements, and taxes.