The task of a notary intended to determine that the vendor is the true owner of the immovable and that the property title is devoid of any defects.
January 8, 2023 - The transactions in co-ownership are not simple. They require unfailing rigour, because the devil is in the details. A notary who executed the sale of a condo learned this at his own expense in the Court of Québec - Small Claims Division, because of a professional misconduct he committed by not referring to the declaration of co-ownership.
The notary is a jurist with the task of public officer, who ascertains the free and informed consent of the parties. The notary also has the role of legal adviser. It therefore protects consent. The intervention of the notary is very important when purchasing an apartment in a divided co-ownership. A professional, he is a member of the “Chambre des notaires du Québec” (Québec Chamber of Notaries). In this capacity, the notary's mission is to receive, on behalf of his clients, the acts to which the parties must or want to have given the character of authenticity (such as a declaration of co-ownership). Even though it is preferable that he should get involved at the outset of a transaction, this legal adviser usually gets involved after the signing of the offer to purchase or of the preliminary contract.