Choosing a lawyer or notary to complete your purchase

Once your offer is firm, a lawyer or a notary public does the legal work that makes the home yours: searching the title, preparing the transfer, registering your mortgage, filing the property transfer tax return and moving the money. BCFSA calls engaging one normal practice for buyers in BC.

By MultiLiving Editorial · Updated October 23, 2026

Questions about this guide: Gary Paul, REALTOR®, Personal Real Estate Corporation, Grand Central Realty, 778-828-7476

This page sets out what they do, using BCFSA's own list, what the Notaries Act allows a notary to do, and how to choose between the two.

The short version

  • BCFSA says it is normal practice for a buyer to engage a lawyer or notary public to prepare the documents that transfer ownership.
  • They search the title, obtain strata documents such as the Form B, Form F and the strata's certificate of insurance, and prepare the transfer and the property transfer tax return.
  • They make sure the seller's mortgage is discharged and your new mortgage is registered, and prepare the statement of adjustments.
  • Section 18 of the Notaries Act lets a notary draw documents for registration in the land title office, among other powers. The list does not include representing you in court.
  • Choose before you remove subjects, so your lawyer or notary can review the title and contract in time.

What they do for you

BCFSA's page on completing a purchase lists what the lawyer or notary does to protect a buyer. The list is worth knowing, because it tells you what you are paying for and what to ask about.

  • Search the title at the Land Title and Survey Authority to see whether anyone other than the seller has legal rights to the home, and whether easements or restrictive covenants are registered.
  • For a strata home, obtain the information certificate (Form B), the certificate of payment (Form F) and the strata's certificate of insurance.
  • Prepare the documents that transfer ownership to you, including the property transfer tax return.
  • Make sure the seller's old mortgage is discharged where required.
  • Register your new mortgage.
  • Confirm that the payments the seller is responsible for have been made.
  • Arrange for you to sign the transfer documents.
  • Prepare a statement of adjustments showing what you owe and the funds you need to complete.
  • Deliver the final amount to the seller and make sure you are registered as the owner.

What a notary can do in BC

In BC, a notary public can handle a home purchase. Section 18 of the Notaries Act lists what a notary in good standing may do, and the first item is to draw instruments relating to property that are intended, permitted or required to be registered, recorded or filed in a registry or other public office. A transfer of land and a mortgage are both registered in the land title office, so this covers the documents of a purchase.

The same section lets a notary draw some kinds of wills, contracts, affidavits and statutory declarations, administer oaths, and draw documents for representation agreements, advance health care directives and powers of attorney.

Section 20 requires the Society of Notaries Public to keep a special fund to reimburse people who lose money because a notary misappropriated money or property entrusted to them. Ask any lawyer or notary how your funds are held in trust before completion.

When a lawyer is the better choice

The notary's powers are the ones listed in section 18 of the Notaries Act, and the list does not include representing you in court or in a legal dispute. A lawyer can do both the transfer and, if it comes to that, the dispute.

In our view, a notary suits a straightforward purchase of a strata home with a standard contract. A lawyer suits a purchase with something unusual in it: a shared title with no strata and a co-ownership agreement to review, a lease on leased land, a dispute about the deposit, a complicated family arrangement on title, or a contract with terms you want advice on before you sign.

Lawyer or notary, by situation
SituationNotaryLawyer
Standard strata home purchaseCan handle itCan handle it
Mortgage registration and PTT returnCan handle itCan handle it
Reviewing a co-ownership agreementCan draw contracts; ask about adviceCan advise and draft
A dispute about the deposit or the contractNot in courtCan act for you in court
Wills after you buySome kinds of wills (section 18(b))Any will

Notaries Act section 18, read on BC Laws 23 October 2026. Our summary; ask any professional what they can do in your case.

The statement of adjustments

A few days before completion, your lawyer or notary sends you a statement of adjustments. BCFSA describes it as a statement outlining all the money you owe and the funds you need to complete. It starts from the price, takes off your deposit and your mortgage, and adds or subtracts the amounts the seller and you share by date, such as property tax and strata fees already paid by the seller for days after you take over.

It also shows the property transfer tax, which is due when your transfer is registered, and the lawyer's or notary's fees and costs. The total at the bottom is what you must deliver to them before the completion date. Ask how and when they need the funds, because a bank transfer can take time.

The certificate of payment, and why completion depends on it

On a strata home, one document can stop completion if it is missing. Section 115 of the Strata Property Act requires a strata to give a Certificate of Payment, called a Form F, within one week of a request by an owner, a purchaser or a person either of them authorizes, if the owner owes the strata nothing or has dealt with any amount owed in the ways the section allows.

Section 256 then says the land title office must not accept a transfer of a strata lot for registration unless it comes with a current Certificate of Payment. Under section 115(2), a certificate is current for 60 days from the date it is issued. So your lawyer or notary orders it close to completion, and if the seller owes strata fees, they must be paid or arranged before the sale can register.

The Form B works alongside it. Section 59(5) makes the information in a Form B binding on the strata in its dealings with someone who relied on it and acted reasonably, which is one reason your lawyer or notary keeps a copy on file.

Your mortgage, and the money at completion

Your lender sends instructions to your lawyer or notary, who prepares the mortgage documents, has you sign them and registers the mortgage on completion, as BCFSA lists among their tasks. The mortgage money goes to your lawyer or notary, not to you, and is combined with your own funds to pay the seller.

Your own share, the down payment less the deposit, plus the transfer tax, fees and adjustments, must reach your lawyer or notary before the completion date. Ask early how they want it sent, because a large bank transfer may need extra time or identity checks at your bank.

What the title search tells your lawyer or notary

The title search is the first thing your lawyer or notary does. The Land Title and Survey Authority describes a title as listing the registered owners, the legal description, the parcel identifier and the charges, liens and interests registered against the land, as a record at a specific point in time.

BCFSA says your lawyer or notary searches it to find whether anyone other than the seller has legal rights to the home and whether easements or restrictive covenants are registered. They search it again just before completion, because a title can change in between. If you want to see it yourself first, our strata or freehold guide explains how to order one for $11.06.

When to choose one, and what to ask

Choose your lawyer or notary early, ideally before you remove your subjects, so they can read the title and any unusual terms while you can still act on what they find.

  • Are you a lawyer or a notary, and have you handled strata purchases in this city?
  • What is your fee, and what costs are added to it?
  • When do you need the contract, the mortgage instructions and my funds?
  • Will you review the Form B and the strata's insurance certificate?
  • How will you hold my funds before completion?

Questions buyers ask

You do not need a lawyer specifically to buy a home in BC, because a notary public can also prepare and register the transfer and the mortgage. BCFSA says it is normal practice for a buyer to engage a lawyer or notary to prepare the documents that transfer ownership. Section 18 of the Notaries Act gives notaries that power.

For a home purchase in BC, both a lawyer and a notary public can search the title, prepare the transfer, register the mortgage and file the property transfer tax return. A notary's powers are those listed in section 18 of the Notaries Act, which does not include representing you in court. A lawyer can also act for you in a dispute.

For a strata home, BCFSA says your lawyer or notary obtains the information certificate (Form B), the certificate of payment (Form F) and the strata corporation's certificate of insurance. The Form B lists fees, levies, the reserve fund and pending matters, and the Form F confirms the seller owes the strata nothing.

A statement of adjustments is the document your lawyer or notary prepares before completion, outlining all the money you owe and the funds you need to complete the purchase, according to BCFSA. It starts from the price, subtracts your deposit and mortgage, and adjusts for property tax and strata fees the seller has already paid.

The property transfer tax return is filed when the transfer is registered at the land title office, by you or your legal professional, according to the Province. BCFSA lists preparing it among the lawyer's or notary's tasks. The tax is paid at registration unless an exemption applies, such as the first time home buyers' program.

Hire a lawyer or notary before you remove your subjects, so they can read the title search, the contract and any unusual terms while you still have conditions in place. They also need your mortgage instructions from your lender and your funds before the completion date, so early contact avoids delays.

Section 20 of the Notaries Act requires the Society of Notaries Public of BC to keep a special fund to reimburse people who lose money because a notary or former notary misappropriated or wrongfully converted money or property entrusted to them. Ask any lawyer or notary how your funds will be held before completion.

Section 18 of the Notaries Act lets a notary draw contracts and documents for registration, so a notary can prepare documents for a co-owned property. For advice on whether an agreement protects you, or on a dispute it might lead to, a lawyer is usually the better choice. Ask any professional what they can advise on before you hire them.

The title search at completion looks for anyone other than the seller with legal rights to the home, and for easements or restrictive covenants registered against it, according to BCFSA. Your lawyer or notary searches again just before completion, because the land title office describes a title search as a record at a specific point in time.

Your lawyer or notary makes sure the seller's old mortgage is properly discharged where required, according to BCFSA's list of what they do at completion. They also confirm that all the payments the seller is responsible for have been made, and register your new mortgage, before delivering the final amount to the seller.

More in Making an Offer

Also worth reading

Where these numbers come from

Every figure on this page comes from the body that issues it. Rules and rates change, so each entry says when we checked it.

  1. Completing Your Purchase. BC Financial Services Authority (BCFSA). Current page, accessed 23 October 2026.
  2. Notaries Act, RSBC 1996, c. 334, sections 18 (rights and powers) and 20 (special fund). BC Laws, King's Printer for British Columbia. Act current to 20 October 2026, accessed 23 October 2026.
  3. Property transfer tax (general rate). Government of British Columbia. Last updated December 3, 2025, accessed 23 October 2026.
  4. Search for a Title. Land Title and Survey Authority of British Columbia (LTSA). Current page, accessed 23 October 2026.
  5. Strata Property Act, Part 4: Governance (sections 40, 45, 53 and 59). BC Laws, King's Printer for British Columbia. Act current to 20 October 2026, accessed 23 October 2026.
  6. Strata Property Act, Part 6 (section 115, Certificate of Payment) and Part 14 (section 256). BC Laws, King's Printer for British Columbia. Act current to 20 October 2026, accessed 23 October 2026.

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