Lawyer or Notary: Who Should Handle Your Home Purchase in BC?
When you're buying a home in British Columbia, there’s a long checklist to get through and near the end of it, you’ll be asked:
“Do you want to work with a lawyer or a notary?”
Many homebuyers aren’t quite sure what the difference is or if it even matters. As your mortgage broker, I often get asked which one to choose. The truth is: both lawyers and notaries can handle most real estate transactions in BC, but there are a few key differences you’ll want to understand before deciding.
Let’s break it down so you can feel confident choosing the right professional for your needs.
What Do Lawyers and Notaries Do in a Real Estate Transaction?
Both lawyers and notaries public in BC are authorized to:
Prepare and register legal documents related to your home purchase
Review the contract of purchase and sale
Conduct a title search
Handle the transfer of funds
Ensure your mortgage instructions are followed correctly
Register the property in your name
So in most standard residential transactions, both can get the job done.
The Key Differences
Lawyers
Can provide legal advice if something in your transaction becomes complicated or disputed.
Handle more complex legal matters, such as disputes over title, property lines, or contract terms.
Can represent you in court, if ever needed.
Often involved in commercial or estate-related real estate transactions, or purchases involving trusts, co-signers, or family transfers.
Lawyers may charge more than notaries in some cases, but they also have a broader legal scope if something unexpected arises.
Notaries
Specialize in non-contentious legal work, meaning they deal with matters where all parties are in agreement.
Handle standard real estate transactions (and often at a lower cost).
Focus on accuracy, document preparation, and registration and do it very well.
Are ideal for straightforward purchases or sales where no legal disputes are expected.
Notaries are regulated by the Society of Notaries Public of BC, and many homebuyers find their services more than sufficient for typical transactions.
So... Who Should You Choose?
Here’s a quick way to think about it:
If your deal is straightforward, a notary may be a cost-effective and efficient choice.
If your deal has any complexity, or you just want broader legal support available, a lawyer might be the better fit.
Some examples where a lawyer may be more appropriate:
You’re buying a property with unresolved legal issues
There's a dispute between buyers/sellers
You’re purchasing through a corporation or trust
You’re involved in a private sale without a realtor
Final Thoughts
Whether you go with a lawyer or a notary, what matters most is choosing someone experienced, detail-oriented, and responsive. If you’re ever unsure, I’m happy to connect you with trusted professionals in both fields so you can decide what’s right for you.
Remember: you’re not just buying a home, you’re signing legal documents that carry long-term consequences. Having the right professional on your side ensures everything goes smoothly.
Got questions about who to work with on your next home purchase? I'm always here to help. Let's make your real estate journey in BC a smooth one: from mortgage to move-in.