Buying & Selling a home in Quebec - Legal fees etc

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Sep 29th, 2013 7:51 pm

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Sep 26th, 2013 1:10 pm

EmmaM699 [OP]: Newbie; Sep 25, 2013; 24 posts; 6 upvotes

Sep 26th, 2013 1:10 pm

Buying & Selling a home in Quebec - Legal fees etc

Hello! I'm new to the forums - just joined today!

I'm selling my condo in Montreal and want to make sure I pay as little as I can in legal fees.

I don't have a mortgage but have a HELOC (home equity line of credit) that will need to be paid off at the time of sale. I was quoted about $500 from the lawyer for a discharge fee... but in this province, I am at the mercy of the lawyer the buyer chooses so I can't shop around.

I'm annoyed about this because, when I bought my condo, I wasn't able to choose the lawyer because we bought a new build condo and needed to go with the guy the builders chose... the cost was way too much and he was totally unprofessional.

Anyway, any insight on how I can make the sale of my home go more smoothly from people who have experience in Quebec would be greatly appreciated!

I'm planning on sing DuProprio to sell my home privately. I may need to get a Localization Certificate so if any of you know of any companies that do this for a good price, I'd love to hear!

Thanks!

3 replies

Sep 27th, 2013 7:42 pm

Philosophy1: Newbie; Feb 12, 2013; 13 posts; 2 upvotes

Sep 27th, 2013 7:42 pm

Hi Welcome,

Not being able to have your own lawyer/notary on a sale still exist? It has been a few years since I have dealt with the sale component of a property.
No matter what I would find your own notary/lawyer to verify the documents you receive. Last thing you would want is to have surprises creep up during or after the transaction.

If you like I can provide my notary I have used for over 10yrs. Of course depending where you live. They have been extremely helpful and clear.
PM if you are interested.

EmmaM699 wrote: ↑Hello! I'm new to the forums - just joined today!

I'm selling my condo in Montreal and want to make sure I pay as little as I can in legal fees.

I don't have a mortgage but have a HELOC (home equity line of credit) that will need to be paid off at the time of sale. I was quoted about $500 from the lawyer for a discharge fee... but in this province, I am at the mercy of the lawyer the buyer chooses so I can't shop around.

I'm annoyed about this because, when I bought my condo, I wasn't able to choose the lawyer because we bought a new build condo and needed to go with the guy the builders chose... the cost was way too much and he was totally unprofessional.

Anyway, any insight on how I can make the sale of my home go more smoothly from people who have experience in Quebec would be greatly appreciated!

I'm planning on sing DuProprio to sell my home privately. I may need to get a Localization Certificate so if any of you know of any companies that do this for a good price, I'd love to hear!

Thanks!

Sep 27th, 2013 8:33 pm

imoo2u: Deal Addict; Dec 20, 2006; 2178 posts; 2094 upvotes

Sep 27th, 2013 8:33 pm

EmmaM699 wrote: ↑

.... I don't have a mortgage but have a HELOC (home equity line of credit) that will need to be paid off at the time of sale. I was quoted about $500 from the lawyer for a discharge fee... but in this province, I am at the mercy of the lawyer the buyer chooses so I can't shop around.

I do not think it is compulsory to use the buyer's notary. You should be able to have your own notary to handle your side of the sale transaction. The discharge fee of your mortgage/HELOC is a fixed amount imposed by the financial institution by looking through its fees schedule posted at the FI branch. In my case, it is $50 for a discharge and I paid my own notary to do the paperworks to clear the property title.

A small advice ... do the "certificate of location" inspection/survey after you have an offer to purchase in your hand. Consult your notary as maybe your "old" location certificate is still good/valid if you have not any major alterations.

Life is full of twists.
Stay flexible.

Sep 29th, 2013 7:51 pm

EmmaM699 [OP]: Newbie; Sep 25, 2013; 24 posts; 6 upvotes

Sep 29th, 2013 7:51 pm

I called my bank. I have a HELOC with a small balance and no mortgage. The fixed portion expires in December, so there will be no fee. In Quebec, apparently there are no discharge fees from the bank! I'm pleased about that. It cost me about $250 in Manitoba, I think.

Anyway, I called around and all the notaries that I called said that the seller does NOT get to choose. My cost to have the item discharged will be around 5-600 dollars from their end.

Thanks for reminding me, I need to go through my files to find the certificate of location tonight. I'm hoping it's still good! If not, can anyone recommend a good company?

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