Subject: For both buyers and sellers, the notary appointment marks the finish line of a real estate transaction. After months of searching, negotiating, and waiting, the big day finally arrives, the day ownership officially changes hands.
But what happens when the buyer doesn’t show up? Unfortunately, this rare but serious situation can have significant legal and financial consequences in Montreal and throughout Quebec.
The Legal Implications
When a Promise to Purchase (Promesse d’achat) is accepted and all conditions have been fulfilled (such as financing and inspection), both parties are legally bound to proceed with the sale. The buyer’s absence on notary day is not a simple cancellation, it’s considered a breach of contract.
In Quebec, this means the seller can take legal action against the buyer for damages. This can include:
- Forfeiting the deposit (if one was made) the seller keeps the amount as compensation.
- Claiming additional damages such as costs related to relisting the property, carrying costs (taxes, insurance, mortgage interest), and any loss from selling at a lower price later.
The notary will typically note that the buyer was absent and prepare a declaration of default, which can serve as proof in court if legal proceedings are needed.
Why It Happens
Buyers may fail to appear for a few reasons:
- Their financing was revoked or delayed at the last minute.
- They got cold feet and decided not to proceed.
- They misunderstood deadlines or logistics, assuming they could postpone the signing.
Whatever the reason, once the sale date is fixed and all conditions are lifted, the buyer cannot unilaterally back out without facing repercussions.
What Sellers Can Do
If a buyer doesn’t show up on notary day, here’s what typically happens:
- The notary documents the absence.
- The seller’s broker and notary reach out to the buyer’s side immediately.
- If the buyer remains unresponsive, the seller can:
- Send a formal notice (mise en demeure) through a lawyer.
- Request to rescind the contract and retain the deposit.
- Pursue legal action for damages, if necessary.
It’s important for sellers to stay calm and act through proper legal channels rather than making decisions emotionally or hastily.
Pro Tip
To avoid surprises, brokers in Montreal often double-confirm all logistics before the signing: ensuring mortgage instructions are received by the notary, the buyer’s funds are ready, and both parties have their IDs and required documents.
Clear communication between the broker, notary, and both parties in the days leading up to the signing can prevent misunderstandings or last-minute complications.
While it’s rare, a buyer failing to appear on notary day is a serious breach with real consequences. In Quebec’s legal framework, once the promise to purchase becomes unconditional, both parties are obligated to close.
The best protection for both sides iis preparation, communication, and working with a trusted notary and real estate broker who ensure everything is in order before the big day.