Who is responsible for choosing the notary in most transactions?

In most real estate transactions in Quebec, the responsibility for choosing the notary typically falls to the seller. This practice is rooted in the legal framework governing real estate transactions, where the seller has a vested interest in ensuring that the notary is familiar with the property and its legal requirements. The seller generally selects the notary to ensure that their interests are represented adequately and that all necessary legal documents are properly prepared and executed.

Additionally, the choice of a notary by the seller allows for a smoother process since the notary will usually handle the deed of sale and ensure that the transaction complies with all legal obligations. While buyers, real estate agents, and banks may have preferences or recommendations for notaries, it is ultimately the seller's prerogative to make the final decision regarding whom to appoint for the transaction. This division of responsibilities is designed to streamline the closing process and maintain clarity in the roles of each party involved.