The role of the notary in the purchase of a property
The role of the notary in the purchase of a property
Congratulations, your offer to purchase has been accepted!
One step closer to the property of your dreams.
To complete your purchase, you’ll need to find a notary who can guide you through the process and handle a number of administrative tasks on your behalf.
First, the notary must ensure that everything is in order by verifying the seller’s titles and other documents (current title deeds, certificate of location, mortgage deeds, etc.).
The notary will then verify that municipal and school taxes are up to date, and make any necessary adjustments between the seller and the buyer.
Using the mortgage deeds provided by the vendor and his title examination, the notary will have determined which mortgages need to be written off.
He must then request the statements of account from the creditor and prepare the deeds of cancellation.
Based on the conditions set out in the previously accepted offer to sell and the instructions received from the creditor, the notary will draw up the deed of sale and the mortgage deed.
These are very important legal documents, and the notary must be meticulous and rigorous in drafting them to ensure that they reflect the wishes of both buyer and seller.
Your notary will also have the role of collecting the amounts required for your transaction (down payment and mortgage financing) in his trust account, while ensuring that the compensation deadlines are met.
To obtain the funds from your creditor, the notary must send a request for funds.
Once all these checks have been carried out, the notary will schedule the signing appointments with the parties.
The signing of the mortgage deed and the deed of sale for the buyer take place in two appointments, approximately one week apart.
After each appointment, the notary publishes the deeds.
The notary is then responsible for issuing the cheques and preparing the copies for the parties.
In particular, he prepares the cheque to reimburse the mortgagee and sends the deed of cancellation (quittance) for signature, so that only your mortgage remains on the property.
Finally, once all the steps have been completed, the notary must submit the final report to the creditor.