Documents That The Seller Must Provide In The Course Of A Real Estate Transaction

Dear Readers,

Whether purchasing a new home, a condominium or even a piece of property, all real estate transactions require the vendor to provide certain documents to the acting notary to allow him to prepare the deed of sale. In some case (balance of sale),  the vendor chose the notary.

After the promise of sale is accepted and the buyer has chosen the notary, the vendor must give the property titles to the notary in question.

When a real estate agent is involved, he take care of sending the promise of buying as well as the vendor’s property titles.

Typically, the following documents are required:  the deed of sale (the contract for the acquisition of the property or land), the mortgage loan if the property is financed by a lender (Bank, Caisse Populaire or other), the land survey certificate describing the property in its actual state (as referred to the promise of buying).  If it indicates that it is under construction, a new certificate for a fully-finished building will have to be supplied by the vendor.  He will, as well, give all documents establishing his current matrimonial status.  When you buy a new home, the contractor will provide the necessary documents regarding the ACQ or APCHQ guaranty if appropriate.

The vendor must also provide confirmation payment of municipal and school taxes, a water test to ensure that the water meets proper standards when there is a well involved and a statement from the municipality indicating the any septic installations are up to standard and are not the subject of any complaints from neighbours, when the services are not provided by the City.

In the case of a condominium, the vendor will provide a copy of the declaration of co-ownership for the buyer to review, proof that monthly condominium fees (as well as special fees) owed to the co-owners’ association have been paid.  It is important to remember that in most cases, credit for “fonds de prévoyance”  will not be reimbursed to the vendor.

Those are the basics regarding the documents needed to allow a notary to complete a real estate transaction.

For more information, don’t hesitate to contact me at  450-227-7077 cell.514-688-3131 or by email at info@lecourtierdunord.com

Michel Labrèche Notaire

About the Author:  Me Michel Labrèche. This column was prepared by Mtre Michel Labrèche, notary, practising in Saint-Sauveur-des-Monts and Laval since 1983. Me Labrèche is also the president of Domaine le Sanctuaire des Lacs. For more information please see www.monlac.com.