Many people arrive at their signing appointment with little understanding of what happened in the weeks leading up to it — or what is actually taking place in front of them. The notary's role in a real estate transaction is often reduced to "signing papers," when in fact it encompasses a precise sequence of work, governed by the Civil Code of Québec and the Notaries Act, that begins well before the signing and concludes after the keys are handed over.
A Public Officer Serving the Transaction, Not the Parties
The notary is not the buyer's lawyer, nor the seller's. Under Québec law, the notary acts as a neutral public officer: their mandate is to authenticate the transaction and ensure it proceeds in accordance with the law, in the interest of all parties. This distinct status is what sets a notarial act apart from a simple private contract and gives it the evidentiary weight recognized before the courts.
That neutrality has a practical consequence: the notary does not take sides. They provide clear explanations so that everyone understands what they are signing, and they will refuse to execute an act that contravenes the law.
The Verifications Before Signing
Title Examination
Before anyone puts pen to paper, the notary conducts searches in the land register. The goal is to confirm that the seller does in fact hold the right to sell, and that the property carries no encumbrances — mortgages, rights of pre-emption, undisclosed servitudes — that could come as an unwelcome surprise to the buyer after closing. This step takes time and requires careful review of the documents registered on title. It is rarely visible to the parties, but it forms the foundation of everything that follows.
Coordination with Financial Institutions
When a mortgage is involved, the notary receives instructions from the lender and prepares the deed of hypothec alongside the deed of sale. They verify that all financing conditions have been met before proceeding to disbursement.
The Signing: What Happens in the Room
Reading the deed of sale aloud is not a formality. It is a legal requirement and, more importantly, an opportunity for the parties to ask questions about each clause before committing to it. The notary goes through the document, explains the terms, and confirms the free and informed consent of everyone present.
Both acts — the deed of sale and the deed of hypothec, where applicable — are signed at the same meeting. At that point, the funds are already in the notary's hands, having been received from the financial institution and, if applicable, from the buyer for the down payment.
Disbursement and Distribution of Funds
Once the acts are signed, the notary distributes the funds in a specific order: repayment of the seller's existing hypothec, payment of agreed fees and adjustments, then remittance of the balance to the seller. The buyer does not receive the keys until this sequence is complete and verified. This management of funds, governed by strict rules of the Chambre des notaires, protects each party against the risk of default or error.
Registration in the Land Register
The final step — often overlooked in common explanations — is the publication of the act in the Québec land register. It is this registration that makes the transfer of ownership enforceable against all third parties: creditors, individuals, and public authorities alike. Until the act is published, the buyer's ownership right exists, but is not fully protected. The notary attends to this in the days following the signing.
For a transaction in Laval or the surrounding area, these steps apply in exactly the same way, whether the property is a condominium, a single-family home, or an income property.
Contact Groupe Synergie Notaires
To move forward with your real estate transaction with confidence, contact Groupe Synergie Notaires at (514) 399-1009 or info@gsnotaires.com. The office is located at 67 boulevard Samson in Laval (Sainte-Dorothée), and Me Petrulian would be pleased to answer your questions during a consultation.
Frequently Asked Questions
Does the notary represent the buyer or the seller in a real estate transaction?
The notary acts as a neutral public officer — they do not represent either party, but ensure the transaction complies with the law and protects the interests of everyone involved.
When does the seller receive their money in a real estate sale?
The seller receives the funds after the acts are signed, once the notary has verified that all conditions are met and processed the required payments, including repayment of any existing hypothec.
Why does the notary publish the act in the land register after signing?
Publication in the land register is the step that makes the transfer of ownership official and enforceable against third parties; without this registration, the new owner's title is not fully protected against outside claims.
This text is provided for informational purposes only and does not constitute legal advice. As each situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular situation.