Notary or Lawyer: Who Should Handle Your Property Sale?

When it comes to selling your home or building, one of the most common questions we hear is: “Do I need a notary or a lawyer?” It’s a great question, and the answer depends on the complexity of your transaction and the level of legal support you may need. If you're a homeowner or property owner, understanding the difference between a notary and a real estate lawyer can help you make a confident and informed decision.

What Does a Notary Do?

In Ontario, notaries are authorized to witness signatures, certify documents, and handle certain legal formalities. They can assist with:

• Authenticating documents

• Witnessing signatures

• Certifying true copies

• Handling straightforward real estate transactions

For simple property sales, where there are no disputes, liens, or unusual contract terms, a notary may be able to help finalize the paperwork and ensure everything is properly signed and filed.

However, notaries cannot provide legal advice or represent you in court. Their role is limited to non-contentious matters and document processing.

What Does a Real Estate Lawyer Do?

A real estate lawyer offers a much broader range of services. In addition to handling all the paperwork involved in a property sale, a lawyer can:

• Review and explain the terms of your sale agreement

• Identify and resolve title issues or liens

• Negotiate terms with the buyer’s lawyer

• Ensure compliance with local and provincial laws

• Provide legal advice tailored to your situation

• Represent you in case of disputes or complications

If your transaction involves multiple parties, unique contract clauses, zoning concerns, or potential legal risks, a lawyer is not just helpful, they’re essential.

When Should You Choose a Lawyer Over a Notary?

Here are a few scenarios where hiring a real estate lawyer is the better choice:

• You’re selling a commercial or multi-unit property

• There are existing disputes or legal claims on the property

• You’re dealing with a power of attorney or estate sale

• You want legal advice on tax implications or contract terms

• You need someone to advocate for your interests

In these cases, a lawyer can help you avoid costly mistakes and ensure your rights are protected throughout the process.

The Advantage of Legal Expertise

In many cases, real estate transactions become far more complex than expected. While everything might seem straightforward, unexpected issues can arise, title defects, zoning restrictions, unpaid taxes, or even last-minute changes in the agreement. This is where legal expertise comes in. A real estate lawyer brings more than just paperwork handling; they bring strategic insight and legal protection, which is fundamental when navigating high-value transactions in the real estate market.

What About Cost?

While notaries may offer lower fees for basic services, it's important to remember that real estate transactions carry significant financial and legal weight. Even a minor mistake can lead to costly and time-consuming consequences. By investing in a real estate lawyer’s expertise, you gain peace of mind, reduce risk, and often save time, stress, and money in the long run.

Your Choice for Legal Advice in Sudbury

With over 50 years of trusted legal representation in Sudbury, Paquette & Paquette is your go-to firm for real estate law. Whether you're buying, selling, or navigating complex property issues, our experienced team is here to protect your interests every step of the way. When it comes to high-stakes decisions, you deserve a team with deep local knowledge and a proven track record. Contact us today to get the legal support you can count on.