Do I Need a Notary for a Purchase and Sales Agreement?
If you're buying or selling property, you've probably heard the word "notarize" thrown around. But what does it actually mean and do you really need one for your purchase and sale agreement? Let's break it down simply.
Hanshah
3/6/20262 min read
What Does a Notary Public Actually Do?
A notary public is a qualified professional who witnesses the signing of important legal documents. Think of them as an official, neutral third party who makes sure everything is signed correctly and above board.
When it comes to purchase and sale agreements, a notary's job includes:
• Verifying the identity of everyone signing (so no one is pretending to be someone they're not)
• Confirming that all parties are signing willingly — no pressure, no coercion
• Making sure the documents are complete and legally sound
• Providing certified copies of the signed documents for your records
Is Notarization Required for a Purchase and Sale Agreement in Ontario?
In many real estate transactions, certain documents - like property deeds and title transfers - must be notarized by law in Ontario. This is to protect everyone involved and to ensure there's a clear, legal record of the transaction.
Even when it's not legally required, having your purchase and sale agreement notarized is strongly recommended. Why? Because it adds a layer of protection that can prevent costly disputes down the road.
When is Notarization Most Important?
• Buying or selling a home, condo, or commercial property
• Transferring property between family members
• Real estate transactions involving out-of-province lawyers
• Situations where one party is signing remotely or by Power of Attorney
How Much Does Notarization Cost for a Purchase and Sale Agreement?
Notarizing a purchase and sale agreement typically costs more than notarizing a simple document like an affidavit or a Power of Attorney.
Here's why:
• Purchase and sale agreements are long, detailed documents with multiple pages
• The notary must carefully review the entire agreement - not just witness a signature
• Additional documents often accompany the agreement (inspection reports, disclosures, etc.)
• Certified copies and additional services may be needed
What Do You Need to Bring to Your Notary Appointment?
Before Your Appointment, Make Sure You Have:
• Valid government-issued photo ID (driver's license, passport, or PR card)
• The complete, signed purchase and sale agreement
• Any related documents: inspection reports, mortgage documents, property disclosures
• All parties who need to sign must be present in person
If your lawyer is from another province, it's a good idea to have them advise on any province-specific signing requirements, as rules can vary across Canada. At Dodo Notary, we're happy to guide you through what's needed for Ontario.
Why Choose a Notary Public Over a Lawyer for This?
In Ontario, both notaries and lawyers can notarize documents. However, for straightforward notarization of purchase and sale agreements, a notary public is often:
• More affordable than a full legal consultation
• Faster to book an appointment with
• Focused specifically on the notarization process
That said, if your real estate deal involves legal disputes, title issues, or complex mortgage situations, you may want to consult a real estate lawyer as well. A notary and a lawyer can work hand-in-hand.
