There are so many steps involved when looking to buy a home in Canada. It goes beyond paying for the home and collecting the keys to it. You need a notary to guide you through all the processes involved. There are several reasons why people use notaries in general. People use notaries to verify the authenticity of legal paperwork and transactions. One can say that notaries are a sort of anti-fraud method.
People use notaries when buying a home to ensure that all paperwork is legitimate and legalized. A notary public will carry out notary services such as confirming that the seller is the real homeowner, that the seller has the right to sell the home, and so on. Buying a home in Canada? Here’s what you need to know about your notary public or real estate lawyer.
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A notary public is someone appointed by the provincial government to administer oaths, verify the authenticity of legal paperwork, contracts, take affidavits, and so on. In Canada, notaries public may not necessarily be lawyers. They are restricted to the tasks aforementioned and are not allowed to practice law. However, this isn’t the same in British Columbia and Quebec. Here, they are appointed by the Supreme Court of British Columbia and are allowed to practice law because they have undergone law school and are now lawyers.
One particular difference between a notary public and a real estate lawyer is that a real estate lawyer can represent you in court while a notary public cannot. Notaries handle cases where an agreement has been reached and documents need to be signed. The notary public becomes the legal witness and will prepare the paperwork. Also, notaries mostly focus on real estate matters, contracts, business, wills, and so on.
While a real estate lawyer can represent you in any aspect where you need legal aid and give you legal advice, a notary public is restricted to notary services aforementioned. If one needs legal aid for the services above, then it is better to use a notary public since they are specialized in those aspects. The role of a real estate lawyer is to make sure property is transferred from a seller to a buyer legally. The lawyer can represent a client in court while a notary public cannot.
The process of home buying can be quite overwhelming especially when it comes to signing the paperwork. During this process, you need to get a notary public or a real estate lawyer to give you advice on filling out the paperwork. However, there are a lot of them out there and you need to work with someone you can trust. You will need someone who has the right knowledge, skills, and experience to help you through this process. You can ask these 7 questions to help you choose:
To finish a real estate transaction in Canada, you often need to get notary services and pay a fee for these services. The notary public will register the property sale at the land registry office, prepare the mortgage deed, and bill of sale. The fee for notary services is usually between $200 to $1200 when buying a home in Canada. The price fee could also vary by region, building, number of different accommodations, number of buyers, and so on. You shouldn’t necessarily go for the cheapest or lowest price. Rather, you should be careful enough to go with a notary public who will offer quality services at a fair price.
When going to your notary appointment, you need to make sure you have all the important items needed for a smooth notarization process. Here is what you need to bring:
During your notary appointment when buying a home, your notary will verify that you are the true owner/seller of the property, that you have the right to sell/buy the property and that the other person signing gives their consent to the sale/purchase. The notary will also make you sign various important property documents. Property documents are sometimes difficult to comprehend, and since the signing process is so rapid, you may not have the time to read them thoroughly. To better understand property documents check out our guide to understanding property documents when buying a home.
Getting a home is a good investment. However, there are several steps involved. You need to get a notary public or a real estate lawyer to guide you through the paperwork and notarize it. This notary public will ensure that you are getting value for your money and that everything is done legitimately. Hiring an experienced notary who doesn’t charge too little or too much is the right way to go. When going through the notarization process, there are so many property documents that are difficult to understand. To help you better understand these documents, here’s a guide to understanding property documents when buying a home.
Yes, a notary can notarize a property document in another language as long as they have great comprehension of said language. If the notary does not have comprehension of said language, you will need to get the documents translated by a certified translator. If a translation is given to the notary, they will first have to read it to assure that the translation is accurate. If the notary cannot properly understand the translated document, they will not be able to notarize the document.
To find a notary public in Canada, you can either search online by looking at the best reviews, get recommendations from friends and family who have recently bought a property or look on highly recognized websites from each province.
Below are the aforementioned highly recommended websites from each province:
The last and important step in every real estate transaction is carried out at the notary’s office. This is where the buyer and seller legally confirm the bill of sale. It is also when the keys of the home are handed to its new owner. The notary is there to ensure that the transaction is seamless. It is the buyer who picks the notary and therefore will pay the notary fees.
You will need at most 2 visits to the notary office in the course of buying a home. The first one is for the signing of the mortgage and this is done about a week before the transaction. The second one is for the signing of the sale and the date is up to the buyer to choose.
The first meeting, which is the mortgage signing, lasts for about an hour and a half. Here, the service contract will be discussed with the notary as well as verifications done on the property. Other important discussions will be made as well. The second meeting will take place before the seller and real estate broker. This also doesn’t take long as the notary will read the deed of sale and get it signed. The buyer will receive the keys upon finalization.
In Canada, notaries are important parts of any home-buying process. However, notaries are not mandatory in Canada except for in Quebec and British Columbia. In Quebec and British Columbia, notaries are lawyers and are mandatory during any type of real estate transaction.
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