December 13, 2019

Buying a home is the investment of a lifetime. Take the time to choose your notary carefully.

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Option consommateurs

A well-informed consumer doesn't store around for the services of a notary like they would for a shirt. They choose a notary they trust.

What does a notary do in real estate?

Many consumers are unaware of the notary's preventive role. Yet his judicious advice can help you avoid missteps that could lead to costly disputes.

The notary performs a number of checks to ensure that you can enjoy your property with complete peace of mind. As a legal advisor to Quebec families, the notary :

drafts clauses with precision and clarity to avoid any misunderstandings you might not have anticipated;
identifies factors that could affect your family, financial and tax situation;
advises the parties in the event of irregularities and sees to their resolution;
explains everyone's rights and responsibilities;
carries out important verifications to ensure that the buyer won't have any unpleasant surprises, that taxes have been paid, that the certificate of location does not reveal any irregularities, and so on;
prepares notarial documents and publishes them at the Bureau de la publicité des droits;
makes adjustments and transfers money securely;
obtains the necessary releases to discharge the property from the seller's mortgages.

It's best to consult a notary as soon as the offer to purchase is drawn up. Once the offer to purchase has been signed, it is very difficult to modify its terms or cancel it.

How do notaries set their fees?

Since the abolition of the compulsory tariff by the Quebec government in 1990, fees have been regulated by the Code of Ethics of Notaries. This code stipulates that fees must be fair and reasonable.

The Chambre des notaires does not have a fee schedule. Fees are based on a number of criteria, including the time and effort devoted to the file, its complexity and the notary's expertise.

How do you choose your notary?

The notary doesn't sell a property, he protects you legally, which gives you peace of mind. Here are a few suggestions for choosing the right notary:

Ask those around you for recommendations.
Ask yourself if the notary meets your personal needs and requirements.
Contact the Chamber to find out whether the notary is registered with the Order and whether he or she is subject to any disciplinary measures.
Choose a notary with a specialty that matches your needs, or one near you, by consulting the Find a notary service on the Chamber's website.