Selling a Property Outside of Ontario - But You're in Ontario

Selling a property is a big deal. Property tends to be the most important asset a person has, so when you're buying or selling a house, condo or piece of land, you want to be sure it's done right.  Selling property involves a lot of paper work containing fine print and very important details which your realtor and real estate lawyer will help you navigate. Usually, the paper work is executed in front of your real estate lawyer who then notarizes the documents.  Easy!

Unless you're in Ontario and the property you are selling and your real estate lawyer are in another province.  Not so easy.

Actually, there's a very simple solution - a notary public (surprise, surprise!).  Depending on the province in which the property you are selling is located, you may be able to have a notary public, such as Downtown Notary Toronto, witness the signing of the real estate documents prepared by your real estate lawyer.

If you are selling a property outside of Ontario while you are in Ontario, here are a few suggestions to help the process go as smoothly as possible:

  1. Ask your real estate lawyer what the signing requirements are for the province in which the property is located.  In some provinces, such as British Columbia and Alberta, it is sufficient that a notary public witness the signature of real estate documents.  In other provinces, like Manitoba, the documents must be witnessed by a lawyer.
  2. If your real estate lawyer tells you that a notary public can sign the documents, find a reliable and affordable notary public, like Downtown Notary Toronto.  Downtown Notary Toronto's notaries have lots of experience witnessing the execution of real estate documents from other provinces from Ontario and countries outside of Canada.
  3. Once you have found a notary public, ask your lawyer to prepare detailed instructions regarding which documents need to be signed, the manner in which they are to be signed (for example, does the notary need to include their address on each document? Do they need to be signed in black or blue ink?) and how many copies of each document are required.  Provide these instructions to the notary public ahead of the appointment if possible to ensure they have time to ask for clarification if required.
  4. After the documents have been signed in front of the notary, send them to your real estate lawyer before the closing date.  Downtown Notary Toronto will package and ship your documents for you for $25 plus the cost of shipping.
  5. Remember that notaries may only witness signatures and prove the authenticity of signatures and copies of documents. When selling a property, you should seek independent legal advice from that of the purchaser.  Notaries cannot provide you with independent legal advice regarding the selling of a property, and should refuse to do so when asked. If your real estate lawyer says that it's okay to have a notary sign a certificate of independent legal advice, find yourself another lawyer.

If you have any other questions about how Downtown Notary Toronto can help you with witnessing real estate documents, please contact us.  Happy selling!

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