Notarization

Using a Real Estate Lawyer for Transaction Notarizations

Despite the similarities that exist, there some very distinct differences between them that makes each one the best choice in certain circumstances. At the Makaronets Real Estate Law Firm, we understand how difficult it can be to determine what these differences may be. The following content will explain these key differences as well as our role when it comes to the notarization of certain documents.

What do Lawyers and Notaries do?

Lawyers and notaries appear similar in nature as both professions typically deal with a broad range of legal matters. For example, when dealing with your average real estate transaction, both types of representation will satisfy your needs. Whether you work with a notary or a real estate lawyer, either one will:

  • Contact the lawyer who represents the sell in order to register the transfer and ensure that the seller gets paid for the property
  • Determine that you are buying a property from its legal owner and have conducted a title search in the process
  • Prepare a Statement of Adjustments that details the dollar amount exchanged between the buyer and seller (may include reimbursement for pre-paid expenses)

So, if either party can perform the same tasks, what are the actual differences between these two professions and their roles in real estate transactions?

The role of a Notary vs. a Real Estate Lawyer

For anyone who is unfamiliar with Canada’s legal system, the differences between a notary and a real estate lawyer may not always be apparent initially. Therefore, it’s important to understand how their services differ in order to ensure that you’re getting accurate and proper legal services from the right individual. The following will explain the role of each in greater detail.

Although notaries and real estate lawyers here in Vaughan and throughout Ontario Province handle legal matters, notaries cannot represent their clients in the courtroom or at the negotiating table. Furthermore, their responsibilities are restricted to matters of a non-contentious nature where both parties involved are in agreement with each other such as estate planning, mortgage transactions, and real estate transfers.

If you’re involved in a standard, straightforward real estate transaction, you will be able to use the services of a notary or a real estate lawyer from the Makaronets Real Estate Law Firm without any problems. Consequently, most real estate transactions can be handled by either professional. However, if there legal issues or problems involved in the transaction, the services of a real estate lawyer are often required.

Additional Considerations concerning Notaries and Real Estate Lawyers

A notary, or notary public as they are sometimes called, is a legal professional who provides a finite range of legal services to the general public. Notaries are trained in several areas of the law but not to the extent as a real estate lawyer. They usually specialize in estate planning, living trusts or wills, and real estate transactions. They cannot appear in a courtroom to represent clients nor can they be involved in any form of legal negotiations or litigations.

On the other hand, a real estate lawyer can perform notarizations. When you hire the services of a real estate lawyer, they will assist you in organizing and reviewing your legal documents to achieve a successful outcome. Unlike notaries, real estate lawyers can provide legal advice for different situations and represent you in the courtroom prior to your closing date. Additionally, they are qualified to oversee registrations and signings of legal documents.

5 Reasons You should hire the Makaronets Real Estate Law Firm

If you still aren’t convinced about hiring our legal firm to assist in the notarization of your real estate transactions, here are 5 reasons to consider doing so:

  • WE are impartial and objective
  • WE can assist with closings
  • WE can conduct property title searches
  • WE can help research any issues or loopholes in real estate transactions
  • WE can provide peace of mind

For additional information regarding notarizations in real estate transactions, contact the Makaronets Real Estate Law Firm today.