Seller's Guide
The Real Cost of Selling a House in Quebec
Most sellers calculate their net proceeds like this: sale price, minus the mortgage balance, minus broker …
One of the most common points of confusion for buyers coming to Quebec from other provinces or other countries is the role of the notary in a real estate transaction. In most English-speaking jurisdictions, real estate closings are handled by real estate lawyers. In Quebec, they are handled by a notaire, and the distinction is more than a title difference.
What Is a Notary in Quebec?
A Quebec notary is a legal professional who holds a degree in civil law and has completed specialized notarial training. In Quebec’s civil law system, the notary is a public officer whose function goes beyond what a lawyer does in a real estate closing elsewhere.
The notary’s role in a property transaction includes:
- Verifying the identities of all parties
- Confirming the seller’s ownership and authority to sell
- Conducting a title search to identify any registered charges, hypothecs, or restrictions on the title
- Drafting the deed of sale (the legal instrument that transfers ownership)
- Registering the transaction and any new mortgage at the land registry (Registre foncier du Québec)
- Protecting both parties’ interests as a neutral public officer
The last point is significant: unlike a lawyer retained by one party, the notary in a real estate transaction has obligations to the integrity of the transaction itself, not just to one side.
How the Quebec Closing Process Works
After an offer to purchase is accepted, the notary process typically unfolds as follows:
Title search: The notary searches the land registry to confirm the seller’s clear title and identify any registered charges (unpaid taxes, hypothecs, servitudes) that affect the property. This protects the buyer from inheriting encumbrances they were not aware of.
Notarial act preparation: The notary prepares the deed of sale and, if applicable, the mortgage deed (acte d’hypothèque). These are the formal legal documents that transfer ownership and register the lender’s security interest.
Signing appointment: Both buyer and seller appear before the notary to sign the deed of sale. In some circumstances, parties can sign separately. The signing meeting typically takes 45-90 minutes.
Registration: After signing, the notary registers the deed of sale at the land registry. This registration is what legally transfers ownership from the seller to the buyer.
Fund disbursement: The notary holds and disburses the funds from the transaction, including paying out any existing mortgage on the property and transferring the net proceeds to the seller.
Who Pays the Notary?
The buyer typically pays the notary fees for a purchase transaction. Standard fees range from approximately $1,200 to $2,000 for a straightforward residential purchase. Complex transactions (multiple parties, unusual title issues, condominium purchases requiring review of the declaration of co-ownership) cost more.
Title insurance is also typically recommended and purchased through the notary. The cost is usually $200-$400 and provides protection against title defects that the search did not reveal.
The Buyer’s Choice of Notary
In Quebec, the buyer traditionally has the right to choose the notary for the transaction. This is the case in most standard transactions. The notary does not need to be located near the property.
Choose a notary who has active experience with residential real estate transactions and who will take the time to explain the documents before you sign them. Do not sign a deed of sale without understanding what you are signing.
The Welcome Tax Connection
One administrative reality tied to the notary process: the municipal welcome tax (taxe de bienvenue) is triggered by the registration of the deed of sale. You will typically receive the welcome tax bill from the municipality 4-8 weeks after the closing. Have that amount set aside in advance.
Questions about the closing process for a property you’re considering? Reach out for a step-by-step walkthrough.
Georges Matar
Residential Real Estate Broker · RE/MAX DU CARTIER INC.
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