This article is a simplified explanation of the various differences between lawyers and notaries in the province of British Columbia. It is not intended as legal advice.
For those who are unfamiliar with the legal system, the differences between a lawyer and notary aren’t always readily apparent. However, it’s important to understand the different services that each provide in order to make sure you’re seeking the right legal services from the right person.
While notaries and lawyers both deal with legal matters in our province, notaries in British Columbia do not represent clients in court and are not involved in litigation. In B.C., their work is restricted to non-contentious matters in which all parties involved have already reached an agreement, like in real estate transfers, mortgages and estate planning.
If your transaction is fairly standard and is expected to run along smoothly then you will likely be able to use the services of either a lawyer or notary without issue. Most real estate transactions fall under this category. However, if your transaction is looking as though it might involve legal action then you may require the services of a lawyer in particular.
Notary
A notary, also known as a notary public, is a trained legal professional who can provide a limited range of legal services to the public. Notaries are trained in several aspects of the law but not to the same extent as a lawyer. They are usually specialized in real estate, wills and estates and are mandated to receive ongoing training throughout their careers.
A notary cannot be involved in litigation nor can they appear in court to represent their clients. Notaries are strictly involved in matters where an agreement has already been reached and it is their job to guarantee the fairness and legality of all transactions. Notaries do not have the power to give legal advice and should be hired with the intent to oversee the registration and signing of legal documents.
Real Estate Lawyers
Remember, a lawyer can act as a notary, but a notary cannot act as a lawyer. When you hire a real estate lawyer, they will help you to get all of your legal documents organized and reviewed in order to facilitate the success of your transaction. Unlike a notary, a lawyer can represent you in court and can also and provide legal advice for situational questions and potential unforeseen occurrences that might take place before the closing date. Like a notary, they are also qualified to oversee the registration and signing of legal documents.
The Purpose of a Real Estate Lawyer or a Notary.
In order for a real estate transaction to be finalized, on the Completion Day your lawyer or notary will:
-Ensure that the property is being purchased from the rightful owner and that it is free of all legal claims
-Prepare the Statement of Adjustments. This document dictates the amount of money that needs to be transferred between the buyer and the seller.
-Prepare all closing documents.
-Contact the seller’s lawyer to ensure that the seller has received the money and that the deal is complete.
With over 25 years of serving the Saanichton and Greater Victoria area, we understand the unique challenges and opportunities that residents of this beautiful corner of Vancouver Island encounter every day. You can trust in the expertise and local knowledge of our team as we help you with whatever legal issues you need resolving.
The lawyers at Saanichton Law Group are here to help you in all of your corporate law needs, as well as employment agreements, power of attorney, real estate law, mortgages and estate law. Call us at (250) 544-0727 or email us at info@saanichtonlaw.com for more details on how we can assist you.
