In short
In Canada, closing goes through a lawyer — in Quebec, through the notary (the hypothec deed must be notarized). Their role: three checks — titles, liens to discharge, adjustments — and moving the funds safely. The buyer chooses and pays the fees (in the range of $1,200 to $2,000 for a purchase with a mortgage, disbursements extra). Book as soon as the promise is accepted: the checks take time, and a professional chosen late can delay your possession date.
Notary in Quebec, lawyer elsewhere: who does what
Canada has two legal traditions, and real estate embodies them. In Quebec (civil law), closing goes through the notary, an impartial public officer: the hypothec deed must be notarized, and the notary receives the deed of sale, collects the funds from the lender and the buyer, pays the seller and registers everything at the Land Registry. Elsewhere in Canada (common law), a lawyer — or, in British Columbia, a notary public — plays that role, each party often having their own, and title insurance is standard.
In both systems, the function is the same: being the security airlock between your money and the property. Nobody should hand over hundreds of thousands of dollars against a promise — you hand them over against verifications.
The three checks that prevent disasters
1. The title search. Does the seller really own the property? Are there servitudes, rights of way, a clause restricting use? This is the step that discovers the shed built on the neighbour's lot — before it becomes your problem. In Quebec, the up-to-date certificate of location is the key document; elsewhere, title insurance covers part of these risks.
2. Discharging the liens. The seller's mortgage, a seizure, a construction lien from an unpaid contractor: everything charged against the property must be paid and discharged out of the sale proceeds — otherwise, you buy the debts along with the walls. That is precisely why the funds flow through the notary or lawyer, never hand to hand.
3. The adjustments. Municipal and school taxes, condo fees, sometimes heating oil or propane: everything is split pro rata as of closing day. A seller who paid the full year is reimbursed for the days that are no longer theirs — the calculator below shows exactly how.
Interactive tool
Your tax adjustments, in 20 seconds
The seller paid the year's taxes? Enter the amounts and the closing day: the calculator splits the bill pro rata.
Assumption: the seller paid the full year — the buyer reimburses the remaining days. Condo fees and other prepaid charges follow the same logic. For guidance only; the official statement is prepared by the lawyer or notary.
Who chooses, who pays, when to start
The buyer chooses the notary (or their lawyer) and pays the fees — that is the practice, and it makes sense: the verifications protect them and their lender first. Expect generally in the range of $1,200 to $2,000 in fees for a residential purchase with a mortgage, depending on region and complexity — disbursements (copies, registration) extra. Our closing-costs table quantifies the total, land transfer tax included, province by province.
When to start? As soon as the promise to purchase is accepted. The professional needs time for the title search, the lender's instructions and coordination with the other side — and good calendars fill up. Choosing late risks pushing back your possession date. How to choose? Like any professional: a verifiable licence (Chambre des notaires in Quebec, the law society elsewhere — see Verify a professional), real availability, and a detailed quote separating fees from disbursements.
Frequently asked questions
Is a lawyer mandatory to buy a home in Canada?
In practice, yes: with a mortgage, the lender requires a lawyer (or a notary in Quebec, where the hypothec deed must be notarized; a notary public in BC) to close. They receive the deed, move the funds, discharge the liens and register the transaction.
Who chooses the closing professional, and who pays?
The buyer, on both counts — that is the practice. Fees for a residential purchase with a mortgage generally run in the range of $1,200 to $2,000, disbursements extra, depending on region and complexity. The seller pays their own costs (mortgage discharge, up-to-date survey or certificate of location if required).
What does the lawyer or notary verify before closing?
Three essential things: the titles (does the seller really own the property, are there easements?), the liens to discharge (the seller's mortgage, construction liens — paid out of the sale proceeds), and the adjustments (taxes, condo fees, split pro rata as of closing day).
What are the "adjustments" at closing?
The pro-rata split of annual expenses already paid. Example: the seller paid $4,400 of taxes for the year and the sale closes on day 182 — the buyer reimburses them for the remaining days' share, about $2,206. This page's calculator runs the math with your numbers.
The fees cited are orders of magnitude; practices vary by region. Confirm your situation with a licensed professional.
Go further
Close with a verified professional
Payotte verifies only one notary or real-estate lawyer per sector — licence, reviews, experience, local roots — on facts, not on an advertising budget.
Find my sector’s verified professional