Who Chooses the Notary?
Your real estate broker supports you throughout the entire process of buying or selling your home. Once a promise to purchase has been signed, it’s the notary’s turn to play an important role in the transaction.
Who chooses – the buyer or the seller?
In most cases, it is the buyer who chooses the notary. If the buyers take out a mortgage to pay for their home or if they pay for it in full with their savings, the choice of the notary is theirs to make. However, if the buyers owe a balance to the sellers, it is the sellers who choose the notary.
An agreement can also be made between the parties. For example, the sellers might request that a particular notary be used. If the buyers sign the promise to purchase, this means they accept the choice of notary proposed by the sellers.
If the property is a new construction, the promoter-seller chooses the notary. It is often easier for them to have a single notary who is responsible for formalizing all of the transactions.
Tips for making a good choice
Regardless of who chooses the notary or who pays his or her fees, the notary is required by law to be impartial with each party to the transaction. To find a notary you can trust, ask your real estate broker or your family and friends. You can also validate your choice with the Chambre des notaires du Québec.