Notary for Buying and Selling Real Estate in Sherbrooke and Magog
Are you looking for a notary specializing in real estate law in Magog and Sherbrooke? Me Cristina Bindac, Notary, is here to help you navigate the legal and notarial complexities involved in buying, selling, or managing residential or commercial real estate. Through our real estate legal services, we work closely with you to ensure your transaction proceeds smoothly while protecting your rights.
Notary Cristina Bindac understands that buying or selling property can be a complex and overwhelming process. That's why we provide expert advice to help you navigate every step of the way. Our goal is to make your real estate transaction as stress-free as possible, so you can focus on what truly matters: building your future. Whether you're buying your first home, expanding your business, or downsizing, our team of legal experts is here to help you achieve your objectives.
An impartial public officer — serving both parties
Unlike a lawyer, who represents the interests of one party, the notary is a public officer bound by a duty of impartiality toward all parties to the act. The Act respecting notaries and the notaries' Code of ethics require the notary to advise the buyer and the seller equally, even though only one of them pays the fees.
In practice, this means the notary must:
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Explain the content of the deed of sale to both parties and answer their questions
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Ensure that each party's consent is free and informed
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Ensure the sale price is received in trust before ownership is transferred
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Pay off the seller's creditors and remit the net balance owed to the seller
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Protect the legal validity of the transaction for everyone
The buyer pays the notary, but the notary works for the legal security of all. That is what distinguishes Quebec's notarial system.
The notary's role
In Quebec, every sale of an immovable must go through a notarial deed published at the Land Registry. Whether you are the buyer or the seller, the transaction will therefore close at a notary's office. Understanding the notary's role — and above all, understanding who they work for — will help you approach the signing with confidence.
Who chooses the notary?
By well-established practice in Quebec, the buyer chooses the instrumenting notary, since the buyer pays the fees for the deed of sale and their hypothecary deed. The seller therefore generally does not choose the notary for the transaction.
But note: this does not mean the seller is left unprotected. This is where a fundamental feature of the notarial profession comes in.
How a transaction unfolds
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Receipt of the accepted promise to purchase and the lender's mortgage instructions
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Title examination and verification of charges at the Land Registry
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Coordination with the seller's creditors to obtain releases
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Preparation of the deed of sale and, if applicable, the hypothecary deed
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Signing meetings (often separate for seller and buyer)
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Calculation and allocation of adjustments between the parties
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Publication of the deeds at the Quebec Land Registry
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Remittance of the net sale proceeds to the seller
How long should you plan for?
For a real estate purchase with financing, plan for approximately 4 weeks between our office receiving the lender's instructions and the signing of the deed of sale. This window allows all the essential verifications that protect both parties. For a mortgage refinancing, plan for approximately 3 weeks.
Learn more based on your role
Are you buying? Consult our Buyer's Guide to learn about our checks, documents to prepare, and frequently asked questions from buyers.
Are you selling? Consult our Seller's Guide to understand your rights, obligations and the costs you will incur.
Other real estate services offered:
FAQ: Real Estate
Who pays for what in the transaction?
The buyer is responsible for the closing costs and the mortgage deed, as well as their share of any adjustments. The seller is responsible for clearing their own mortgages (discharges), any prepayment penalties from their lender, the location certificate if theirs is outdated (as stipulated in the purchase agreement), and the brokerage commission, if applicable.
Can a purchase agreement or a sales agreement be cancelled?
Contrary to popular belief, a purchase offer is indeed a contract. Modifying its terms or cancelling it can be very difficult. It is therefore essential to ensure that the purchase offer you are presented with contains clauses tailored to your specific situation. The notary will ensure that the clauses are drafted precisely and clearly to avoid any misunderstandings that neither you nor the seller could have foreseen.
What is a sale with a legal warranty?
By law, the seller is bound by a legal warranty towards the buyer. This warranty comprises two parts: the warranty of title and the warranty of quality.