# Notary or lawyer for purchase ?



## Mechanic (Oct 29, 2013)

I have recently sold property both in AB and BC and used a lawyer for AB and a notary for BC. I didn't really see any difference, other than the cost being higher with the lawyer. I have another purchase transaction upcoming in BC and wonder what other's experiences have been. Is there anything that deserves the extra cost of using a lawyer that should be considered ?


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## Just a Guy (Mar 27, 2012)

It probably depends on how complicated the transaction is. If it's straightforward, probably nothing to worry about. If there is a potential issue however (complicated title, weird clauses, modified contract, possible issues like encroachment, etc.) that may have a legal impact down the road, a lawyer, theoretically, should be able to make you aware and maybe avoid problems later.


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## DigginDoc (Sep 17, 2015)

I am seeing a notary tomorrow for a simple trade down to a townhouse in Langley BC. I have their fee up front and I believe she is well established and professional. Very simple cash deal though but I have used notaries all the time in the passed. 
Good luck and cheers.
Doc


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## Just a Guy (Mar 27, 2012)

Technically, you don't need anyone now that I think about it. I remember buying a place without anyone once a long time ago now. I bought from a developer who filed all the paperwork directly. I've done a lot of legal work myself (probable, incorporating, etc.) in the past without a lawyer or notary, doing a real estate transaction isn't any harder, as long as it's straightforward.

The lawyer's main responsibility is usually holding the money as a "neutral" party until conditions are removed and the title is clear and transferred as well as getting the mortgage signed. There is the "security" that they've supposedly looked over all the contracts and stuff to ensure everything is proper, and they do it all the time so nothing gets missed, but they really aren't needed.

I suppose the main reason people go to them is purely routine more than necessity.


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## Mechanic (Oct 29, 2013)

Straight forward deal with no conditions or finance. Will probably save some money and hire a notary. Was curious what others did.


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## Mortgage u/w (Feb 6, 2014)

A notary is just as effective as a lawyer. In fact, a notary will usually specialize in only one or two fields including real estate whereas a lawyer would have a broader specialty. Either one, you need to ensure they are competent in what you are hiring them for. Like everything else, don't simply assume just because they have a 'title'. The title research they do for completing a real estate transaction are identical - they are held accountable for any errors or omissions.


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## carverman (Nov 8, 2010)

Mortgage u/w said:


> A notary is just as effective as a lawyer. In fact, a notary will usually specialize in only one or two fields including real estate whereas a lawyer would have a broader specialty. *Either one, you need to ensure they are competent in what you are hiring them for.* Like everything else, don't simply assume just because they have a 'title'. The title research they do for completing a real estate transaction are identical - they are held accountable for any errors or omissions.


Yes, and that is the reason you want a lawyer handling your purchase and title transfer. A lawyer has insurance to make sure that if something should go wrong with the purchase, and he didn't investigate all the legalities of the purchase, you can sue and get compensation instead of "holding the bag" dealing with the complications on your own, just because you didn't want to pay the higher fees that a lawyer charges. 

Here is some background on the difference between the two..and I will go on to say, that as long as it's a straightforward purchase/title transfer,
you would be ok in MOST cases with the Notary Public,..
However, if something goes wrong, you would then be wishing you had hired a lawyer instead.:biggrin:




> While notaries and lawyers provide legal services, there's some very important distinctions between what a notary public may do versus what a lawyer may do. Notaries are able to verify that signatures, marks and copies of documents are true or genuine. *Notaries who are not also practicing lawyers are limited to non-contentious issues and may not provide any legal advice or representation*.
> 
> *In Ontario, lawyers are required to carry professional liability insurance to ensure that their clients are protected in the instance of malpractice.* If you are seeking legal advice, it's important that you seek out a lawyer who is licensed to practice in your jurisdiction and has the right kind of insurance.
> If you are seeking to have a document or signature authenticated, it's important that you seek out a notary public who has been appointed to provide such services.


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## Mortgage u/w (Feb 6, 2014)

carverman said:


> Yes, and that is the reason you want a lawyer handling your purchase and title transfer. A lawyer has insurance to make sure that if something should go wrong with the purchase, and he didn't investigate all the legalities of the purchase, you can sue and get compensation instead of "holding the bag" dealing with the complications on your own, just because you didn't want to pay the higher fees that a lawyer charges.
> 
> Here is some background on the difference between the two..and I will go on to say, that as long as it's a straightforward purchase/title transfer,
> you would be ok in MOST cases with the Notary Public,..
> However, if something goes wrong, you would then be wishing you had hired a lawyer instead.:biggrin:


Can't totally agree on this. A notary is just as liable as a lawyer - otherwise, why have them? A notary, just as a lawyer, is responsible to research title and ensure all the registrations are legit according to the instructions they receive (by either the client or financial institution if a mortgage is to be registered too). You are definitely not on your own if a notary makes a mistake since they carry liability insurance as well. Also, Title Insurance is become increasingly popular and mandatory so any potential errors on title (either by the notary or lawyer), encroachment, title fraud, or etc., will be covered by this type of insurance.


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## carverman (Nov 8, 2010)

Mortgage u/w said:


> Can't totally agree on this. A notary is just as liable as a lawyer - otherwise, why have them? Title Insurance is become increasingly popular and mandatory so any potential errors on title (either by the notary or lawyer), encroachment, title fraud, or etc., will be covered by this type of insurance.


I have used a lawyer who was also a registered notary public to witness the signing of my name on a legal document. Unless the notary is also a lawyer,that is all I would use a notary for, to witness signatures after you take an oath and say what is on the legal document as true to the best of your knowledge.

Maybe in other provinces they have more status (and carry enough liability insurance to satisfy, but here
in Ontario, if I were to sell my house, I would still go to a lawyer that specialized in real estate.
Proven experience in real estate matters is everything.


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## Mechanic (Oct 29, 2013)

In BC and AB both seemed about the same amount of work and information. Notary seemed a bit more organised, probably does a lot more and was substantially less money.


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## christinad (Apr 30, 2013)

I actually don't think notaries are always cheaper then lawyers. Both when i got my power of attorney and when buying a condo i got a better price with a lawyer and you are getting their expertise. Shop around.


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