Buying a property in Quebec
Consulting a notary is an essential step when purchasing a house, condo, land, or income property. The notary will guide you from start to finish, protecting you from unpleasant surprises and ensuring that the transaction complies with the law.
Main steps
Offer to Purchase (Promise to Purchase)
First and foremost, the buyer must submit an offer to the seller. This document sets out the terms of the purchase, including the price. The seller can accept, decline, or make a counteroffer. Once accepted, the offer becomes a contract that is difficult to modify.
Signing of the deed of sale
The transfer of ownership is officially completed when the deed of sale is signed at the notary's office. From that date on, you become the owner and are responsible for municipal and school taxes and other fees related to the property.
Role of the notary
The notary:
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Check the validity of the property titles.
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Prepare the documents necessary for the transfer.
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Analyze the conditions of the promise to purchase.
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Advises the buyer on negotiation and the protections to be provided.
Important points to consider
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Date of signature
The transfer of ownership takes place on the date agreed in the deed of sale. This date can be negotiated according to the needs of the parties.
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Deposit
The deposit is paid into a trust account with the notary to protect both the buyer and the seller.
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Legal guarantees
The seller must guarantee that he is the true owner and that the property is free of undeclared rights. He must also guarantee against hidden defects.
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Inspection
A professional inspection can detect problems that could affect the value of the property and sometimes allow the price to be renegotiated.
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Funding
The notary ensures that the funds are available and that the mortgage is correctly registered.
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Certificate of location
Prepared by a land surveyor, it confirms the dimensions of the land, the location of buildings and any non-conformities.
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Municipal regulations
The notary can check with the municipality that the building complies with regulations and that your future projects are feasible.
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Joint purchase
If you are buying with other people, a co-ownership contract can set out the financial contributions and responsibilities of each party.
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Selling price
The price depends on the municipal assessment, the market, the date of purchase as well as the condition and maintenance of the property.
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Special conditions
Each transaction is unique and may require adapted clauses, depending on the situation.
Final signature
When signing, the notary ensures that
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All conditions of the promise to purchase are respected.
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Mortgage financing is in place.
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Money transfers are secure.
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Property rights are registered without any problems.