In Quebec, the notary plays a central role in every real estate transaction. Unlike other provinces where lawyers handle closings, Quebec’s civil law system requires a notary (notaire) to authenticate the deed of sale and mortgage deed. Here’s everything buyers need to know.
📜 What Is the Mortgage Deed?
The mortgage deed (acte hypothécaire) is a notarized legal document that grants your lender a hypothec—a security interest—on your property. It is registered at the Registre foncier du Québec (Land Registry Office) and remains in effect for the duration of your mortgage.
The hypothec gives the lender the legal right to seize and sell the property if you default on payments. It is separate from the deed of sale (acte de vente), which transfers ownership from the seller to you. Both documents are signed at the notary’s office on closing day.
⚖️ The Notary’s Role in Quebec Real Estate
🔍 Title search — Verifies ownership, existing hypothecs, servitudes, and liens
📋 Document preparation — Drafts deed of sale and mortgage deed
💰 Fund management — Holds funds in trust, disburses to seller, lender, and government
📝 Registration — Registers the deed and hypothec at the Land Registry
📊 Adjustments — Calculates prorated taxes, condo fees, and other adjustments
The notary acts as a neutral public officer—they represent neither buyer nor seller but ensure the transaction is legally sound. You are free to choose any notary who is a member of the Chambre des notaires du Québec. The buyer typically selects and pays for the notary.
🏠 Closing Day: Step by Step
Step 1: Notary reviews all documents with buyer and seller (allow 60-90 minutes)
Step 2: Deed of sale is read aloud and signed by both parties
Step 3: Mortgage deed is signed by the buyer (lender’s representative may attend)
Step 4: Buyer provides the down payment (certified cheque to notary’s trust)
Step 5: Notary disburses funds: sale price to seller, mortgage payoff to seller’s lender
Step 6: Keys are handed over; you are officially the owner
The notary will register the deed of sale and mortgage deed at the Land Registry within days. You’ll receive certified copies by mail within 2-4 weeks. The municipality is automatically notified of the ownership change and will send you the welcome tax (droits de mutation) invoice within 30-90 days.
💵 Typical Notary Fees and Costs
$1,500-$2,500
Total notary fees
$300-$500
Registration fees (Registre foncier)
$100-$200
Copies and disbursements
Notary fees are not regulated in Quebec, so prices vary. Always request a detailed quote upfront that includes all fees, taxes (QST/GST apply), and disbursements. Some notaries offer flat-fee packages; others charge hourly. A more complex transaction (co-ownership, servitude issues, existing hypothecs) will cost more.
📋 Documents You Need to Bring
✅ Two valid IDs — At least one government-issued photo ID (passport, driver’s licence)
✅ Down payment — Certified cheque or bank draft payable to the notary’s trust account
✅ Proof of home insurance — Your insurer must confirm coverage effective on closing day
✅ Void cheque — For mortgage payment setup with your lender
✅ Any documents requested by the notary (marriage contract, power of attorney, etc.)
📝 Key Clauses and Adjustments
The deed of sale contains several important clauses: the legal warranty (seller guarantees the property is free of hidden defects and ownership issues), declarations by the seller (known issues, previous renovations, insurance claims), and a description of inclusions and exclusions.
Adjustments are prorated charges split between buyer and seller based on the closing date. If the seller pre-paid municipal taxes for the full year and you close July 1, you reimburse the seller for the remaining 6 months. Common adjustments include municipal taxes, school taxes, condo fees, heating oil in the tank, and tenant rent/security deposits for plex purchases.
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A good broker guides you through the entire process, including the notary step.
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