The Essential Role of the Notary in a Real Estate Transaction

Because parties often meet the notary only once or twice during a real estate transaction, it may be tempting to believe that the notary’s role is limited. In reality, nothing could be further from the truth.

The notary plays a central role in ensuring the success and legal security of any transaction. Here’s why:

Gathering the Necessary Documents

Once the promise to purchase is signed — a document in which the sellers agree to sell their property according to the agreed terms — the notary opens the file.

The notary then requests a series of key documents: the promise to purchase, the seller’s declaration, property titles, the certificate of location, and, if applicable, the declaration of co-ownership. By carefully reviewing these documents, the notary conducts the necessary verifications to guarantee both the legality and the security of the transaction.

Legal Verification and Title Examination

The notary analyzes the seller’s declaration and the certificate of location to identify any irregularities or non-conformities affecting the property (such as encroachments or servitudes).

One of the most critical aspects of any real estate transaction is ensuring that the property carries a clear and valid title. This is where the notary’s expertise proves indispensable. The notary conducts a full title search in the Land Registry to confirm that the sellers are the rightful owners and legally entitled to transfer the property. This review also helps identify any charges, mortgages, or easements that could restrict the buyer’s rights or impact ownership.

Such verifications are essential to avoiding potential legal conflicts. For instance, if the notary discovers that the seller lacks the legal authority to transfer the property or that there are title issues, they will collaborate with the parties involved to resolve these matters before the sale is finalized. When resolution is not possible, the notary may recommend title insurance as a safeguard.

Taxes and Adjustments

The notary ensures that all municipal and school taxes are paid up to date. They also calculate the necessary adjustments between seller and buyer based on the transaction date, ensuring that each party pays only their fair share. These verifications help avoid disputes after the sale and ensure the buyer is not held responsible for any outstanding taxes or debts tied to the property.

Secure Management of Funds

Before signing the deed of sale, the notary must ensure full control over the funds involved in the transaction (down payment, mortgage loan, and deposit, if applicable) to protect the interests of both parties.

The notary verifies that the funds are available and will be used solely for the purposes of the transaction. These amounts are held in the notary’s trust account, a protection mechanism strictly governed by law.

This process guarantees that the money is secure, used exclusively for the transaction, and released to the proper recipients at the appropriate time.

Drafting and Execution of Deeds

The notary prepares the required notarial deeds. Buyers first sign their mortgage documents, followed by the joint signing of the deed of sale by both parties. During this meeting, the notary:

• Verifies the identity and legal capacity of the parties;
• Ensures the deed accurately reflects their intentions;
• Clearly explains the legal scope and consequences of the sale.

The notary ensures that all parties fully understand their commitments before signing , including property condition, legal warranties, and any specific clauses.

Publication and Discharge of the Seller’s Mortgage

Once signed, the notary registers the deeds in the Land Registry, making the sale and mortgage enforceable against all. They also confirm that no new registrations have appeared between signing and publication that could compromise the transaction.

Subsequently, the notary repays the seller’s mortgage lender, prepares a report for the buyer’s lender, and delivers the net proceeds to the seller. They also obtain and register the seller’s discharge of mortgage.

An Impartial and Protective Role

Beyond these technical responsibilities, the notary acts as an impartial professional whose duty is to safeguard the legal security of the transaction and protect the interests of all parties — sellers, buyers, and lenders alike. Their involvement significantly reduces the risk of disputes, allowing the transaction to be completed with confidence.

In conclusion, the notary’s role extends far beyond the simple formality of signing. They oversee every stage of the transaction — from opening the file to the final disbursement of funds — through meticulous verification, tax adjustments, fund management, and deed registration. Their participation is the strongest guarantee of a clear, secure, and trouble‑free transaction. Whether you are a buyer or a seller, the notary serves as a neutral and diligent expert, providing clarity and reassurance throughout the process.

Through their expertise and attention to detail, the notary transforms a complex legal procedure into a smooth and reassuring experience.

This article was written by Me Sarah-Maude Le Corre, Notary and Partner at Blanchard Lupien notaires S.E.N.C.R.L.