When a real estate transaction nears completion, the signing date tends to occupy everyone's thoughts. Yet a significant portion of the notarial work takes place well before the parties sit down at the table. These preliminary verifications — often invisible to clients — form the foundation of preparing an authentic act in Quebec.
What Happens Before the Signing
Title Search
One of the first steps a notary undertakes is tracing the ownership history of a property. This title search allows the notary to review successive transfers of the property over a meaningful period, confirming that the seller holds a valid and enforceable title.
This is not a mere formality. This step allows the notary to identify any irregularities in the chain of title — situations that, if left undetected, could undermine the buyer's legal security years down the road.
Review of Charges at the Land Registry
Simultaneously, the notary consults the land register to identify all charges registered against the property: existing hypothecs, real rights, restrictions, or other notations that follow the property regardless of who owns it. This information is critical to ensuring the transaction proceeds under clear conditions for all parties.
Under Quebec law, certain charges must be cancelled prior to or at the time of signing. The notary ensures that the necessary steps are in place to achieve this.
Verification of Identity and Capacity of the Parties
Before proceeding with the signing of any act, the notary confirms the identity of each party and verifies that they have the legal capacity required to enter into a contract. Under the Notarial Act of Quebec, this obligation is inherent to the notarial function and constitutes one of the conditions for the validity of an authentic act.
In practice, this means the notary reviews government-issued identification, but also confirms that no particular circumstance — such as an active protective supervision measure — would affect the validity of a party's commitment.
Coordination with Financial Institutions
In transactions involving financing, the notary also plays a coordination role. They communicate with the relevant financial institution or institutions to ensure that discharges related to hypothecs being cancelled are ready on time, and that any new hypothecary security conforms to the instructions received prior to signing.
This step requires careful management of timelines. A delay on the part of a creditor can be enough to postpone a signing, which underscores the importance of initiating these exchanges well ahead of the scheduled date. Notaries who regularly handle files in the Greater Montreal area know this reality well.
Drafting the Act Itself
Once all verifications are complete, the notary drafts or finalizes the notarial act. This work does not involve mechanically reproducing the terms of a promise to purchase. It means ensuring that the clauses accurately reflect the agreement reached between the parties, that they are drafted in legally precise language, and that they comply with the framework established by the Civil Code of Quebec and any other applicable rules.
The notary reviews the act in its final version before presenting it to the parties — precisely to prevent imprecision from creating difficulties after signing. This is the stage at which thorough preparation truly matters.
Preparation in the Service of Legal Security
This preparatory work, carried out in the days or weeks leading up to the signing, represents a substantial part of the mandate entrusted to a notary. At Groupe Synergie Notaires, founded by Me Mirabela Petrulian in Laval in 2007, every file receives this methodical attention, whether the transaction involves a residential property, a refinancing, or another type of notarial act.
These verifications are not incidental: they are the groundwork without which a signing cannot take place with full legal security.
Contact Groupe Synergie Notaires
To learn more about the steps that precede your signing, or to entrust your file to a team that pays close attention to detail, contact Groupe Synergie Notaires at (514) 399-1009 or reach us by email at info@gsnotaires.com. Our office, located at 67 boulevard Samson in Laval (Sainte-Dorothée), welcomes clients from Laval and the Greater Montreal area.
Frequently Asked Questions
How much time does it take to prepare a notarial act before signing?
The timeline varies depending on the complexity of the file and how quickly third parties — such as financial institutions — respond. It is advisable to contact your notary as soon as the transaction date is known to avoid any delays.
Does the notary check whether the property has debts or hypothecs registered against it?
Yes, the notary consults the land register to identify all charges registered against the property, including hypothecs, and coordinates the steps necessary to ensure they are cancelled prior to or at the time of signing.
Why does the notary ask for government-issued identification before signing?
Verifying the identity and legal capacity of the parties is a requirement under the Notarial Act of Quebec. It is one of the conditions for the validity of the authentic act that the notary is instrumenting.
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.