The Seller Refuses to Sign at the Notary's in Quebec: The Buyer's Remedies

The promise is accepted, the conditions are lifted, the financing is ready. On the day, the seller doesn't turn up at the notary's, or lets it be known they won't sign. A lot is written about what happens to a buyer who backs out, as in our article on withdrawal rights on a purchase offer. This article covers the reverse situation, from the buyer's side: a seller, very much alive, bound by a promise, who refuses to go through with it.

A refusal isn't a postponement

Before talking about remedies, two situations need separating. A seller who asks to move the signing by a few days, for a practical reason, isn't refusing the sale: that is settled between the parties, in writing. A seller who fails to show without reason, or announces they will no longer sell, is breaking their commitment.

The distinction matters, because the remedies described here assume a real refusal. An accepted promise whose conditions have been lifted obliges the seller to sign the deed of sale. If they don't, the buyer doesn't have to wait indefinitely for them to change their mind.

Record the default, then send formal notice

The first step is to have what happened recorded. The notary who called the parties can attest that the buyer showed up, ready to sign and pay, and that the seller did not. That record is valuable: it establishes that the buyer met their own obligations.

Next comes the formal notice: a letter, usually prepared by a lawyer, calling on the seller to sign within a reasonable time and warning of the remedies that will follow otherwise. It gives the seller a last chance to perform, and it marks the starting point of the steps that follow.

The buyer's own remedy: a judgment in lieu of the deed

This is the most powerful remedy, and it belongs to the buyer. The Civil Code of Québec provides that the promisor-seller's failure to execute the deed allows the beneficiary of the promise to obtain a judgment in lieu of it. In other words, if the seller refuses to sign the deed, the court can issue a judgment that has the effect of that deed.

The remedy assumes the buyer has met their own obligations, is ready to pay the agreed price, and that the promise was accepted and its conditions lifted. It gets the buyer the property itself, not just compensation. The trade-off is time: court proceedings are measured in months, sometimes longer.

Protecting the property during the proceedings

While proceedings run their course, a risk appears: the seller selling the property to someone else, or mortgaging it. To guard against that, the buyer can register their court action in the land register. The registration warns third parties that an action concerns the property and protects the ranking of the buyer's rights.

It should be done early, as soon as the action is decided, with the help of a lawyer or notary. Waiting gives the seller time to create a situation that is harder to undo.

What else the buyer can claim

A refusal to sign costs the buyer dearly, especially if they have already sold their own home or given notice to their landlord: temporary housing, furniture storage, an extra move, financing-related costs. These can be claimed from the seller, on top of forcing the sale or instead of it.

A claim is only worth what can be proven, though. From the day the signing didn't happen, keep every invoice, every receipt, every exchange with your lender. Those documents, not a general estimate, are what will put a figure on the loss actually suffered.

Force the sale or walk away: the buyer's decision

The buyer therefore has a choice. Forcing the sale gets them the property they wanted, at the cost of proceedings that freeze their situation for months. Walking away lets them move on, buy elsewhere, and claim the loss they suffered.

The right choice depends on what they are really after: that particular property, or a home quickly. It also depends on their financing, which won't necessarily wait as long as the proceedings. It is a decision to make with a lawyer, and quickly, because every week of hesitation has its own cost.