In Quebec, the deed of sale (acte de vente) is the final contract that gets signed in every real-estate transaction.
It is the moment when ownership legally transfers from the seller to the buyer and becomes part of your official proof of ownership.
In this article, we’ll explain:
- What actually is the deed of sale?
- What is included in the deed of sale?
- Who prepares the deed of sale? The role of the notary
- When is the deed of sale signed?
- How the deed of sale connects to your property title
What is the deed of sale?
In Quebec, the deed of sale (called acte de vente in French) is the final legal document that officially transfers ownership of a property from the seller to the buyer. The transfer of ownership from the seller to the buyer is effective as soon as the deed is signed.
The copy kept by the buyer represents the title deed. This constitutes proof of ownership over the property.
A deed of sale example can be downloaded here. We recommend reading this article before the deed of sale sample because the sample is full of complex legal language.
What is included in the deed of sale?
The deed of sale sets out and formalizes what was agreed upon at the time the promise to purchase was accepted. This includes any amendments that the buyer and seller made during the negotiation process.
The deed of sale includes the following key details:
- Identification of the seller, the buyer and their address.
- A description of the immovable, this includes the cadastral number and the address.
- The sale price and payment terms.
- A history of the sellers ownership rights. This will include confirmation that the property is transferred “free and clear” i.e. that there are no outstanding mortgages or claims on the property.
- The amount of land transfer tax (“welcome tax”) to be paid by the buyer to the municipality.
- Declaration of delivery and possession date
- The signatures of both parties, in front of the designated notary.
Who prepares the deed of sale? The role of the notary
The deed of sale is a custom notarial act drafted by a notary. In Quebec, it is mandatory to use a notary for the deed of sale. The notary is responsible for guaranteeing the legal validity of the transaction. In practice this means that the notary will request a list of documents from the buyer and seller, together with their own research will:
- Verify the property title (checking the seller legally owns what they’re selling)
- Confirm that no hidden debts or legal defects (like unpaid taxes, hypothecs, servitudes or rights of way)
- Ensure the deed itself is properly drafted, executed and registered with the Land Register (Registre foncier du Québec),
- Protect both parties’ rights, especially around ownership transfer, payment and legal capacity.
If the notary makes an error or omission in any of these legal duties, then they can be held professionally liable. However, the notary is responsible only for the accuracy of the deed of sale. They are not responsible for any of the commercials in the deed itself. For example, if the buyer overpays or does not do an inspection, the notary is not responsible.
When is the deed of sale signed?
In Quebec, the deed of sale is normally signed at the end of the transaction (on closing day). This is the moment when ownership of the property officially transfers from the seller to the buyer. The typical stages in the transaction are:
1. Promise to Purchase accepted
The buyer and seller agree on the price and conditions of the sale. At this stage, the promise to purchase becomes a legally binding contract, subject to any conditions listed (like financing or inspection).
2. Conditions are fulfilled
The buyer completes all required steps, such as the inspection, financing approval and review of documents (like the certificate of location and seller declarations). Once these conditions are met, the transaction moves toward closing.
3. The notary prepares the deed of sale
When all conditions are fulfilled, the file is transferred to the notary, who drafts the deed of sale and prepares the final set of documents needed to complete the transaction. The notary verifies the property title, checks for unpaid taxes or legal defects, and confirms that both parties have legal capacity to sign.
4. Buyer meets with the notary
Before closing day, the buyer meets with the notary to review the file and ensure all details are in order. At this meeting, the notary will:
- Explain the adjustments (taxes, condo fees, notary disbursements, etc.),
- Confirm the payment instructions,
- Provide the buyer with the trust account details (often via a void cheque) so the down payment can be transferred from the buyer’s bank.
It’s very common for the buyer to visit their bank immediately after this meeting to authorize the transfer.
5. Deed of sale signing (closing day)
- The buyer, seller, and notary meet in person (or sometimes virtually).
- The buyer pays the balance of the purchase price, usually financed by their mortgage lender.
- The seller hands over the keys.
- Both parties sign the deed of sale before the notary.
Once signed, the ownership officially transfers to the buyer.
6. Registration with the Land Register
After the signing, the notary registers the deed of sale in the Registre foncier du Québec (Land Register). This step makes the transfer of ownership public and legally official.
The buyer can verify that the registration was completed correctly by visiting the online Land Register, entering the property’s cadastral number and confirming that their name appears as the new owner. The cadastral number can be found on the deed of sale and the certificate of location.
Which is more important, the title or deed?
In Quebec, the role of the title vs the deed of sale is often misunderstood.
Whilst the deed of sale is the legal contract that transfers ownership from the seller to the buyer. The property title is the legal proof that the buyer now owns the property and it is created when the deed is registered in the Land Register.
If the buyer loses the deed of sale, they can obtain a duplicate or certified copy from the local land registry. The sale is not automatically voided because the original paper copy is missing, provided that the land registry was correctly updated. This is why updating the land registry is so important, since without registration, the buyer will not be legally recognized as the owner.
Conclusion: Protecting your deed of sale and verifying your title
Once your deed of sale has been signed and registered, the notary will send the buyer gets an official copy either digitally (PDF with notarial seal) or in paper form.
The deed of sale is more than just paperwork, it’s the bridge between promise to purchase and possession. For this reason it is very important to keep it safe and verify it’s registered correctly. This ensures that the buyer has lasting proof of ownership for mortgages, renovations and resale.
Many buyers will store physical copies in a dry place such as a fire-proof home safe or safety-deposit box. For digital copies, it is sensible to take the time to organize the documents into a secure cloud folder (Google Drive, Dropbox, etc.) that is labeled clearly (e.g., “Deed of Sale – [Address] – [Year]”).
Furthermore, it is definitely worth verifying that the notary has correctly updated your property title. This will allow you to order a replacement deed of sale, should anything go wrong.
Looking for a realtor?
In Quebec, real estate brokers are there to guide you through every stage of your transaction, from understanding key documents like the promise to purchase and deed of sale, to connecting you with trusted notaries who will help you finalize your transaction.
Speak with a verified agent today — it’s free, and they can help you confirm whether you qualify for welcome tax refunds or first-time homebuyer incentives.
