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FREQUENTLY ASKED QUESTIONS

GENERAL

  • Why must I provide personal documents, such as pieces of ID and my marriage certificate?
    Our role as notaries goes beyond the simple preparation of legal documents. We must verify the exactitude of declarations made by all parties involved. Thus, we request documents to support these claims, such as Ids, matrimonial documents and citizenship documents, etc.. Our professional association, the Chambre des Notaires du Québec, requires us to keep these documents in our files.
  • I am acting on behalf of another person via a power of attorney. Will you need to contact the mandator?
    Yes. We must confirm that the power of attorney is still valid and has not been revoked.
  • Will I receive copies of my documents?
    Yes. A few days after signing with the notary, our team will prepare certified copies of your documents.
  • When can my appointment(s) be scheduled with the notary?
    We will plan both of your appointments with the Notary two (2) weeks prior to your closing date. However, to do so, we must have received the complete promise to purchase from the real estate brokers and the mortgage instructions from your financial institution. Without all these documents we are unable to schedule any appointments.
  • Why must I provide proof of damage insurance?
    All financial institutions require that you obtain damage insurance coverage for the property you wish to acquire. Each financial institution sets out specific requirements and criterias that must be met, and instructs us to confirm that the coverage you obtained meets these requirements and criterias. Without an adequate proof of coverage (insurance binder) we do not have the authorization to sign the deed of sale.
  • When must I provide my down payment?
    We request that you provide your down payment one (1) week prior to your closing date. The amount will be determined once we receive the complete promise to purchase and the mortgage instructions.
  • When will I get the keys to my home?
    The transfer of keys is outside the scope of the service provided by us. The transfer is either arranged between the real estate brokers or between the buyer and seller directly. It is recommended that you discuss this subject before the closing date.
  • What is included in my down payment?
    The amount of the down payment includes : Your contribution towards the purchase price, the notary fees and ,when applicable, a 9% tax on the default mortgage insurance amount. Your financial institution may require the payment of other closing costs, such as realty taxes, evaluation fees etc.
  • When is the “Welcome Tax” officially known as the Land Mutation Tax due?
    The welcome tax is due after the closing date and is billed directly to the buyer. You can expect the invoice from the city within a delay ranging from 4 weeks to 6 months.If you wish to have the invoice sent to an address other than the property concerned, you must contact the city directly.
  • What is a down payment coupon?
    A down payment coupon is one of the methods available to provide your down payment. It allows you to transfer the required funds through your online banking service. The funds will be deposited in our trust account within a few days. Please note that not all financial institutions support this method.
  • Are there exemptions for the payment of “welcome tax” (land transfer tax)?
    There are two (2) types of exemptions, ones provided by law and ones provided by some cities. The exemptions provided by law apply automatically and without your intervention. Common examples are : the exemption when a property is transferred between spouses or when a property is transferred between family members in the direct line, such as child and parent. The exemptions provided by some cities require you to apply to the city. Strict criterias must be met and documents must be filled out if you qualify. Please contact your city to know more about these programs.
  • How may I provide my down payment?
    There are three (3) ways to provide your down payment : via a Canadian bank draft, via down payment coupon or an electronic wire transfer.
  • I am the only person who will be on the ownership title, why does my spouse have to sign for my mortgage?
    When you are financing the purchase of a property, your spouse’s intervention in the deed of mortgage is required by law for any property with fewer than five dwellings that is used in whole or in part as a family residence. To know more, Maitre Gynet Gloria KOZUB wrote a blog post on this subject : https://www.babalegal.ca/post/why-is-my-notary-requiring-my-spouse-s-signature
  • Why must I have two appointments with the notary?
    When you are financing the purchase of a property, you must meet the notary on two different occasions. All financial institutions require that the deed of mortgage is published against the property before giving us authorization to use the funds for the purchase of the property. During the first meeting, you will meet the notary in order to sign the deed of mortgage and related documents. A few days later, once the deed of mortgage is published on the land registry, you will meet with the notary to sign the deed of sale and related documents.
  • To whom shall the bank draft be payable to?
    If you choose to provide your down payment via a bank draft, regardless of the notary assigned to your transaction, the bank draft must be payable to the order of “Abdulkarim BABA, Notary In trust”. Please note that you have to physically bring the bank draft to our offices.
  • When can my appointment be scheduled with the notary?
    We will plan your appointments with the Notary two (2) weeks prior to your closing date. However, to do so, we must have received the complete promise to purchase from the real estate brokers and the mortgage instructions from the buyer’s financial institution. Without all these documents we are unable to schedule any appointments.
  • I have already paid all the property taxes for the year. Will the buyer reimburse me for their portion?
    Yes. The notary will consider all payments made and will include them in the adjustments. The calculation will be presented during the appointment with the notary.
  • Why must I provide a certificate of location?
    Unless otherwise stated in the offer to purchase, the vendor undertakes to provide the purchaser with a certificate of location “describing the entire state of the immovable”, or, in the case of a condominium, with a certificate of location “describing the current state of the entire co-ownership and including the private portion or, failing this, a certificate of location pertaining to the private portion only”.
  • My mortgage is already paid off. Why must I pay to have the mortgage discharged?
    The rights given to a lender under the terms of a deed of mortgage remain in effect as long the deed of mortgage is not discharged even though the loan has been reimbursed in full. Since a vendor undertakes to provide a clear title to the purchaser, the notary must obtain the discharge at the vendor’s expense. To know more, Maitre Gynet Gloria KOZUB wrote a blog post on this subject : https://www.babalegal.ca/post/paying-off-versus-radiating-your-mortgage
  • Why must I fill out the citizenship declaration?
    Since October 2020, the provincial government requires all parties involved in a real estate transaction to complete a citizenship declaration. Failing to do so, the deed will not be published at the land registry
  • I am purchasing a new property a few days after the sale of my current property. How much time do I need between transactions to make sure the funds are available for my purchase?
    If you have mandated another notary to proceed with the purchase, please allow for a minimum of three (3) business days between transactions. This delay is required to ensure that the funds are deposited in the other notary’s account. If you have mandated us to proceed with the purchase, please allow a minimum of two (2) business days. This delay is required to ensure that the deed of sale has been published.
  • Are photocopies or scanned copies of the title deeds and declaration of co-ownership sufficient?
    No. Unless otherwise stated in the offer to purchase, the vendor undertakes to provide the purchaser with certified true copies of the title of ownership , the certificate of location and the declaration of co-ownership.
  • Why must I (the seller) pay notary fees?
    A vendor is responsible for certain notary fees related to the sale of a property. These fees vary significantly depending on the work the notary must perform. A detailed blog post written by : Maitre Gynet Gloria Kozub is available here : https://www.babalegal.ca/post/who-pays-the-notary-fees-in-a-real-estate-transaction
  • Can you transfer funds to my other notary for a future purchase?
    Yes. The other notary must provide us with the exact amount required for the subsequent transaction and the details of their trust account. Please note that the delays for wiring funds between different financial institutions vary between 24 to 72 business hours.
  • Can you directly deposit the funds into my bank account?
    Yes. You must provide us with your void cheque prior to the closing date. In the event where there are multiple vendors, you must provide us with either a void cheque for a joint account held by all vendors or a void cheque for each vendor. In the event where you share an account with a person who is not a vendor, you must authorize us in writing to deposit the funds in such an account even though the latter may access the funds.
  • When will I receive my funds?
    Once the deed of sale is signed by all parties, it has to be published at the land registry before the notary can release any funds. The process takes 48 to 72 business hours in normal circumstances.
  • I have a line of credit attached to my mortgage. Will this be closed after I sell?
    Yes. In fact, all financial products linked to the registered mortgage will be paid off and closed. Please contact your financial institution, in order to know the specific financial products associated with your mortgage.
  • Why must I pay title insurance in some instances?
    Unless otherwise stated in the offer to purchase, the vendor is obligated to provide a clear title to the purchaser. Some irregularities, discovered during the title examination and/or during the analysis of the certificate of location, may require the purchase of a title insurance in order to protect the purchaser and their financial institution. In such a case, the costs related to the title insurance are borne by the vendor.
  • Why must you contact my syndicate of co-ownership?
    When selling a condo, verifications regarding various aspects of the co-ownership, such as the information regarding monthly condo fees, the existence or not special assessment fees, the validity of the co-ownership insurance policy, etc. must be made.
  • I am the sole owner of the property being sold, why must my spouse sign the deed of sale?
    Section 404 of the Civil code of Québec requires the non-owner spouse to give written consent whenever a property with fewer than five dwellings that is used in whole or in part as a family residence is being sold. To know more, Maitre Gynet Gloria KOZUB wrote a blog post on this subject : https://www.babalegal.ca/post/why-is-my-notary-requiring-my-spouse-s-signature
  • My next mortgage payment is coming up soon. Will the payment go through?
    This depends entirely on your financial institution's internal procedures. In all cases, we must use the amounts indicated to us on the payout statement provided by the financial institution to make the final payment. Note that any overpayment will be reimbursed directly by the financial institution.

COMMON

SELLER

QUESTIONS

  • Why must I provide personal documents, such as pieces of ID and my marriage certificate?
    Our role as notaries goes beyond the simple preparation of legal documents. We must verify the exactitude of declarations made by all parties involved. Thus, we request documents to support these claims, such as Ids, matrimonial documents and citizenship documents, etc.. Our professional association, the Chambre des Notaires du Québec, requires us to keep these documents in our files.
  • I am acting on behalf of another person via a power of attorney. Will you need to contact the mandator?
    Yes. We must confirm that the power of attorney is still valid and has not been revoked.
  • Will I receive copies of my documents?
    Yes. A few days after signing with the notary, our team will prepare certified copies of your documents.
  • When can my appointment(s) be scheduled with the notary?
    We will plan both of your appointments with the Notary two (2) weeks prior to your closing date. However, to do so, we must have received the complete promise to purchase from the real estate brokers and the mortgage instructions from your financial institution. Without all these documents we are unable to schedule any appointments.
  • Why must I provide proof of damage insurance?
    All financial institutions require that you obtain damage insurance coverage for the property you wish to acquire. Each financial institution sets out specific requirements and criterias that must be met, and instructs us to confirm that the coverage you obtained meets these requirements and criterias. Without an adequate proof of coverage (insurance binder) we do not have the authorization to sign the deed of sale.
  • When must I provide my down payment?
    We request that you provide your down payment one (1) week prior to your closing date. The amount will be determined once we receive the complete promise to purchase and the mortgage instructions.
  • When will I get the keys to my home?
    The transfer of keys is outside the scope of the service provided by us. The transfer is either arranged between the real estate brokers or between the buyer and seller directly. It is recommended that you discuss this subject before the closing date.
  • What is included in my down payment?
    The amount of the down payment includes : Your contribution towards the purchase price, the notary fees and ,when applicable, a 9% tax on the default mortgage insurance amount. Your financial institution may require the payment of other closing costs, such as realty taxes, evaluation fees etc.
  • When is the “Welcome Tax” officially known as the Land Mutation Tax due?
    The welcome tax is due after the closing date and is billed directly to the buyer. You can expect the invoice from the city within a delay ranging from 4 weeks to 6 months.If you wish to have the invoice sent to an address other than the property concerned, you must contact the city directly.
  • What is a down payment coupon?
    A down payment coupon is one of the methods available to provide your down payment. It allows you to transfer the required funds through your online banking service. The funds will be deposited in our trust account within a few days. Please note that not all financial institutions support this method.
  • Are there exemptions for the payment of “welcome tax” (land transfer tax)?
    There are two (2) types of exemptions, ones provided by law and ones provided by some cities. The exemptions provided by law apply automatically and without your intervention. Common examples are : the exemption when a property is transferred between spouses or when a property is transferred between family members in the direct line, such as child and parent. The exemptions provided by some cities require you to apply to the city. Strict criterias must be met and documents must be filled out if you qualify. Please contact your city to know more about these programs.
  • How may I provide my down payment?
    There are three (3) ways to provide your down payment : via a Canadian bank draft, via down payment coupon or an electronic wire transfer.
  • I am the only person who will be on the ownership title, why does my spouse have to sign for my mortgage?
    When you are financing the purchase of a property, your spouse’s intervention in the deed of mortgage is required by law for any property with fewer than five dwellings that is used in whole or in part as a family residence. To know more, Maitre Gynet Gloria KOZUB wrote a blog post on this subject : https://www.babalegal.ca/post/why-is-my-notary-requiring-my-spouse-s-signature
  • Why must I have two appointments with the notary?
    When you are financing the purchase of a property, you must meet the notary on two different occasions. All financial institutions require that the deed of mortgage is published against the property before giving us authorization to use the funds for the purchase of the property. During the first meeting, you will meet the notary in order to sign the deed of mortgage and related documents. A few days later, once the deed of mortgage is published on the land registry, you will meet with the notary to sign the deed of sale and related documents.
  • To whom shall the bank draft be payable to?
    If you choose to provide your down payment via a bank draft, regardless of the notary assigned to your transaction, the bank draft must be payable to the order of “Abdulkarim BABA, Notary In trust”. Please note that you have to physically bring the bank draft to our offices.
  • When can my appointment be scheduled with the notary?
    We will plan your appointments with the Notary two (2) weeks prior to your closing date. However, to do so, we must have received the complete promise to purchase from the real estate brokers and the mortgage instructions from the buyer’s financial institution. Without all these documents we are unable to schedule any appointments.
  • I have already paid all the property taxes for the year. Will the buyer reimburse me for their portion?
    Yes. The notary will consider all payments made and will include them in the adjustments. The calculation will be presented during the appointment with the notary.
  • Why must I provide a certificate of location?
    Unless otherwise stated in the offer to purchase, the vendor undertakes to provide the purchaser with a certificate of location “describing the entire state of the immovable”, or, in the case of a condominium, with a certificate of location “describing the current state of the entire co-ownership and including the private portion or, failing this, a certificate of location pertaining to the private portion only”.
  • My mortgage is already paid off. Why must I pay to have the mortgage discharged?
    The rights given to a lender under the terms of a deed of mortgage remain in effect as long the deed of mortgage is not discharged even though the loan has been reimbursed in full. Since a vendor undertakes to provide a clear title to the purchaser, the notary must obtain the discharge at the vendor’s expense. To know more, Maitre Gynet Gloria KOZUB wrote a blog post on this subject : https://www.babalegal.ca/post/paying-off-versus-radiating-your-mortgage
  • Why must I fill out the citizenship declaration?
    Since October 2020, the provincial government requires all parties involved in a real estate transaction to complete a citizenship declaration. Failing to do so, the deed will not be published at the land registry
  • I am purchasing a new property a few days after the sale of my current property. How much time do I need between transactions to make sure the funds are available for my purchase?
    If you have mandated another notary to proceed with the purchase, please allow for a minimum of three (3) business days between transactions. This delay is required to ensure that the funds are deposited in the other notary’s account. If you have mandated us to proceed with the purchase, please allow a minimum of two (2) business days. This delay is required to ensure that the deed of sale has been published.
  • Are photocopies or scanned copies of the title deeds and declaration of co-ownership sufficient?
    No. Unless otherwise stated in the offer to purchase, the vendor undertakes to provide the purchaser with certified true copies of the title of ownership , the certificate of location and the declaration of co-ownership.
  • Why must I (the seller) pay notary fees?
    A vendor is responsible for certain notary fees related to the sale of a property. These fees vary significantly depending on the work the notary must perform. A detailed blog post written by : Maitre Gynet Gloria Kozub is available here : https://www.babalegal.ca/post/who-pays-the-notary-fees-in-a-real-estate-transaction
  • Can you transfer funds to my other notary for a future purchase?
    Yes. The other notary must provide us with the exact amount required for the subsequent transaction and the details of their trust account. Please note that the delays for wiring funds between different financial institutions vary between 24 to 72 business hours.
  • Can you directly deposit the funds into my bank account?
    Yes. You must provide us with your void cheque prior to the closing date. In the event where there are multiple vendors, you must provide us with either a void cheque for a joint account held by all vendors or a void cheque for each vendor. In the event where you share an account with a person who is not a vendor, you must authorize us in writing to deposit the funds in such an account even though the latter may access the funds.
  • When will I receive my funds?
    Once the deed of sale is signed by all parties, it has to be published at the land registry before the notary can release any funds. The process takes 48 to 72 business hours in normal circumstances.
  • I have a line of credit attached to my mortgage. Will this be closed after I sell?
    Yes. In fact, all financial products linked to the registered mortgage will be paid off and closed. Please contact your financial institution, in order to know the specific financial products associated with your mortgage.
  • Why must I pay title insurance in some instances?
    Unless otherwise stated in the offer to purchase, the vendor is obligated to provide a clear title to the purchaser. Some irregularities, discovered during the title examination and/or during the analysis of the certificate of location, may require the purchase of a title insurance in order to protect the purchaser and their financial institution. In such a case, the costs related to the title insurance are borne by the vendor.
  • Why must you contact my syndicate of co-ownership?
    When selling a condo, verifications regarding various aspects of the co-ownership, such as the information regarding monthly condo fees, the existence or not special assessment fees, the validity of the co-ownership insurance policy, etc. must be made.
  • I am the sole owner of the property being sold, why must my spouse sign the deed of sale?
    Section 404 of the Civil code of Québec requires the non-owner spouse to give written consent whenever a property with fewer than five dwellings that is used in whole or in part as a family residence is being sold. To know more, Maitre Gynet Gloria KOZUB wrote a blog post on this subject : https://www.babalegal.ca/post/why-is-my-notary-requiring-my-spouse-s-signature
  • My next mortgage payment is coming up soon. Will the payment go through?
    This depends entirely on your financial institution's internal procedures. In all cases, we must use the amounts indicated to us on the payout statement provided by the financial institution to make the final payment. Note that any overpayment will be reimbursed directly by the financial institution.

COMMON

PURCHASER

QUESTIONS

  • Why must I provide personal documents, such as pieces of ID and my marriage certificate?
    Our role as notaries goes beyond the simple preparation of legal documents. We must verify the exactitude of declarations made by all parties involved. Thus, we request documents to support these claims, such as Ids, matrimonial documents and citizenship documents, etc.. Our professional association, the Chambre des Notaires du Québec, requires us to keep these documents in our files.
  • I am acting on behalf of another person via a power of attorney. Will you need to contact the mandator?
    Yes. We must confirm that the power of attorney is still valid and has not been revoked.
  • Will I receive copies of my documents?
    Yes. A few days after signing with the notary, our team will prepare certified copies of your documents.
  • When can my appointment(s) be scheduled with the notary?
    We will plan both of your appointments with the Notary two (2) weeks prior to your closing date. However, to do so, we must have received the complete promise to purchase from the real estate brokers and the mortgage instructions from your financial institution. Without all these documents we are unable to schedule any appointments.
  • Why must I provide proof of damage insurance?
    All financial institutions require that you obtain damage insurance coverage for the property you wish to acquire. Each financial institution sets out specific requirements and criterias that must be met, and instructs us to confirm that the coverage you obtained meets these requirements and criterias. Without an adequate proof of coverage (insurance binder) we do not have the authorization to sign the deed of sale.
  • When must I provide my down payment?
    We request that you provide your down payment one (1) week prior to your closing date. The amount will be determined once we receive the complete promise to purchase and the mortgage instructions.
  • When will I get the keys to my home?
    The transfer of keys is outside the scope of the service provided by us. The transfer is either arranged between the real estate brokers or between the buyer and seller directly. It is recommended that you discuss this subject before the closing date.
  • What is included in my down payment?
    The amount of the down payment includes : Your contribution towards the purchase price, the notary fees and ,when applicable, a 9% tax on the default mortgage insurance amount. Your financial institution may require the payment of other closing costs, such as realty taxes, evaluation fees etc.
  • When is the “Welcome Tax” officially known as the Land Mutation Tax due?
    The welcome tax is due after the closing date and is billed directly to the buyer. You can expect the invoice from the city within a delay ranging from 4 weeks to 6 months.If you wish to have the invoice sent to an address other than the property concerned, you must contact the city directly.
  • What is a down payment coupon?
    A down payment coupon is one of the methods available to provide your down payment. It allows you to transfer the required funds through your online banking service. The funds will be deposited in our trust account within a few days. Please note that not all financial institutions support this method.
  • Are there exemptions for the payment of “welcome tax” (land transfer tax)?
    There are two (2) types of exemptions, ones provided by law and ones provided by some cities. The exemptions provided by law apply automatically and without your intervention. Common examples are : the exemption when a property is transferred between spouses or when a property is transferred between family members in the direct line, such as child and parent. The exemptions provided by some cities require you to apply to the city. Strict criterias must be met and documents must be filled out if you qualify. Please contact your city to know more about these programs.
  • How may I provide my down payment?
    There are three (3) ways to provide your down payment : via a Canadian bank draft, via down payment coupon or an electronic wire transfer.
  • I am the only person who will be on the ownership title, why does my spouse have to sign for my mortgage?
    When you are financing the purchase of a property, your spouse’s intervention in the deed of mortgage is required by law for any property with fewer than five dwellings that is used in whole or in part as a family residence. To know more, Maitre Gynet Gloria KOZUB wrote a blog post on this subject : https://www.babalegal.ca/post/why-is-my-notary-requiring-my-spouse-s-signature
  • Why must I have two appointments with the notary?
    When you are financing the purchase of a property, you must meet the notary on two different occasions. All financial institutions require that the deed of mortgage is published against the property before giving us authorization to use the funds for the purchase of the property. During the first meeting, you will meet the notary in order to sign the deed of mortgage and related documents. A few days later, once the deed of mortgage is published on the land registry, you will meet with the notary to sign the deed of sale and related documents.
  • To whom shall the bank draft be payable to?
    If you choose to provide your down payment via a bank draft, regardless of the notary assigned to your transaction, the bank draft must be payable to the order of “Abdulkarim BABA, Notary In trust”. Please note that you have to physically bring the bank draft to our offices.
  • When can my appointment be scheduled with the notary?
    We will plan your appointments with the Notary two (2) weeks prior to your closing date. However, to do so, we must have received the complete promise to purchase from the real estate brokers and the mortgage instructions from the buyer’s financial institution. Without all these documents we are unable to schedule any appointments.
  • I have already paid all the property taxes for the year. Will the buyer reimburse me for their portion?
    Yes. The notary will consider all payments made and will include them in the adjustments. The calculation will be presented during the appointment with the notary.
  • Why must I provide a certificate of location?
    Unless otherwise stated in the offer to purchase, the vendor undertakes to provide the purchaser with a certificate of location “describing the entire state of the immovable”, or, in the case of a condominium, with a certificate of location “describing the current state of the entire co-ownership and including the private portion or, failing this, a certificate of location pertaining to the private portion only”.
  • My mortgage is already paid off. Why must I pay to have the mortgage discharged?
    The rights given to a lender under the terms of a deed of mortgage remain in effect as long the deed of mortgage is not discharged even though the loan has been reimbursed in full. Since a vendor undertakes to provide a clear title to the purchaser, the notary must obtain the discharge at the vendor’s expense. To know more, Maitre Gynet Gloria KOZUB wrote a blog post on this subject : https://www.babalegal.ca/post/paying-off-versus-radiating-your-mortgage
  • Why must I fill out the citizenship declaration?
    Since October 2020, the provincial government requires all parties involved in a real estate transaction to complete a citizenship declaration. Failing to do so, the deed will not be published at the land registry
  • I am purchasing a new property a few days after the sale of my current property. How much time do I need between transactions to make sure the funds are available for my purchase?
    If you have mandated another notary to proceed with the purchase, please allow for a minimum of three (3) business days between transactions. This delay is required to ensure that the funds are deposited in the other notary’s account. If you have mandated us to proceed with the purchase, please allow a minimum of two (2) business days. This delay is required to ensure that the deed of sale has been published.
  • Are photocopies or scanned copies of the title deeds and declaration of co-ownership sufficient?
    No. Unless otherwise stated in the offer to purchase, the vendor undertakes to provide the purchaser with certified true copies of the title of ownership , the certificate of location and the declaration of co-ownership.
  • Why must I (the seller) pay notary fees?
    A vendor is responsible for certain notary fees related to the sale of a property. These fees vary significantly depending on the work the notary must perform. A detailed blog post written by : Maitre Gynet Gloria Kozub is available here : https://www.babalegal.ca/post/who-pays-the-notary-fees-in-a-real-estate-transaction
  • Can you transfer funds to my other notary for a future purchase?
    Yes. The other notary must provide us with the exact amount required for the subsequent transaction and the details of their trust account. Please note that the delays for wiring funds between different financial institutions vary between 24 to 72 business hours.
  • Can you directly deposit the funds into my bank account?
    Yes. You must provide us with your void cheque prior to the closing date. In the event where there are multiple vendors, you must provide us with either a void cheque for a joint account held by all vendors or a void cheque for each vendor. In the event where you share an account with a person who is not a vendor, you must authorize us in writing to deposit the funds in such an account even though the latter may access the funds.
  • When will I receive my funds?
    Once the deed of sale is signed by all parties, it has to be published at the land registry before the notary can release any funds. The process takes 48 to 72 business hours in normal circumstances.
  • I have a line of credit attached to my mortgage. Will this be closed after I sell?
    Yes. In fact, all financial products linked to the registered mortgage will be paid off and closed. Please contact your financial institution, in order to know the specific financial products associated with your mortgage.
  • Why must I pay title insurance in some instances?
    Unless otherwise stated in the offer to purchase, the vendor is obligated to provide a clear title to the purchaser. Some irregularities, discovered during the title examination and/or during the analysis of the certificate of location, may require the purchase of a title insurance in order to protect the purchaser and their financial institution. In such a case, the costs related to the title insurance are borne by the vendor.
  • Why must you contact my syndicate of co-ownership?
    When selling a condo, verifications regarding various aspects of the co-ownership, such as the information regarding monthly condo fees, the existence or not special assessment fees, the validity of the co-ownership insurance policy, etc. must be made.
  • I am the sole owner of the property being sold, why must my spouse sign the deed of sale?
    Section 404 of the Civil code of Québec requires the non-owner spouse to give written consent whenever a property with fewer than five dwellings that is used in whole or in part as a family residence is being sold. To know more, Maitre Gynet Gloria KOZUB wrote a blog post on this subject : https://www.babalegal.ca/post/why-is-my-notary-requiring-my-spouse-s-signature
  • My next mortgage payment is coming up soon. Will the payment go through?
    This depends entirely on your financial institution's internal procedures. In all cases, we must use the amounts indicated to us on the payout statement provided by the financial institution to make the final payment. Note that any overpayment will be reimbursed directly by the financial institution.
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