FILE A COMPLAINT AGAINST A NOTARY

Error in a will or estate, problem during a deed of sale, mismanagement of a protection mandate, negligence, conflict of interest — the Office of the Syndic of the Chambre des notaires du Québec receives complaints against notaries, free of charge.

VERSION FRANÇAISE →

Do you feel betrayed, ignored or wronged by your notary? Did a deed of sale, a will, an estate settlement or a protection mandate go wrong? The Direction des enquêtes et du contentieux of the Chambre des notaires du Québec — also called the Office of the Syndic — is the independent body responsible for investigating the conduct of notaries. It acts in the public interest, and it is up to you to submit the facts.

This guide shows you how to organize your facts, draft your investigation request with the help of AI, and submit it directly to the Office of the Syndic — in three simple steps.

Grounds for complaint

When to file a complaint — the most common grounds

The vast majority of notaries provide quality services. But when this is not the case, several situations can justify an investigation request to the Office of the Syndic of the Chambre des notaires.

Errors and negligence

Mistake in a will or mandate, titles not verified before a real estate transaction, failure to disclose a servitude, poorly built file, errors that cause harm.

Trust account problems

Mismanagement of entrusted funds, unjustified delays in releasing money, inappropriate use of trust funds, unexplained withholdings on your file.

Conflict of interest

The notary acts for two parties with opposing interests without disclosure, undeclared personal connections, situation compromising their independence or neutrality.

Breach of duty to advise

Lack of clear explanations, pressure to sign quickly, lack of availability or diligence, breach of professional secrecy, manifest lack of integrity.

Important to know

An investigation request to the Office of the Syndic aims to trigger a disciplinary process to protect the public. It is not the appropriate recourse to obtain financial compensation. The Disciplinary Council cannot award you compensation, set aside a notarized act, or order a correction.

For professional misconduct that caused damages, you can file a claim with the Fonds d'assurance responsabilité professionnelle de la Chambre des notaires (FARPCNQ). Caution: prescription periods apply to claims — consult a legal adviser quickly.

For a misappropriation of entrusted funds by the notary (fraud, use for purposes other than intended), you can file a claim with the Indemnity Fund of the Chambre des notaires.

For a contested fee invoice, you have 45 days after receiving the account to request the fee conciliation service — this is not a complaint to the syndic, it is a separate procedure handled by the Conciliator of fee accounts (email: honoraires@cnq.org · telephone: 514 879-1793 ext. 5977).

The process

The guide in 3 simple steps

1

Gather and organize your facts

Before asking anything from the AI, put your facts in order. Open a document and write a simple chronological summary. Be brief, direct and factual. Include the essential elements:

The full name of the notary concerned and their professional address
The type of file (real estate sale, will, estate, mandate, mortgage) and its number if possible
The key dates of the events complained of
A concrete description of the actions or inactions — e.g., "did not verify the servitude on the land before finalizing the sale", "took 8 months to release my estate cheque"
The evidence you have: notarial acts, invoices, emails, trust account statements, correspondence

An important preliminary step: the Chambre des notaires recommends first contacting your notary to attempt to obtain explanations or an amicable resolution. If this approach fails or if the notary's conduct is manifestly at fault, proceed to the syndic.

2

Ask Claude to draft your investigation request

Open Claude — or Gemini or ChatGPT — and paste your facts with this prompt:

"I want to draft an investigation request to the Direction des enquêtes et du contentieux of the Chambre des notaires du Québec, against notary [Name, address]. Here are my facts: [paste your chronological summary]. Draft a factual and professional investigation request. Identify the obligations of the Code of ethics of notaries that appear to have been violated (integrity, diligence, availability, disinterestedness, independence, professional secrecy, duty to advise). The document must be clear, respectful and ready to be sent."

The AI will draft a structured initial version that connects your facts to the notary's professional obligations — without you needing to master the law. Read carefully and make sure all facts are accurate before moving on to the next step.

3

Send your request to the Office of the Syndic

You can submit your investigation request in several ways. The simplest is the online form on the Chambre's website. You can also send it by email, by mail, or by fax, accompanied by supporting documents.

Office of the Syndic — Chambre des notaires du Québec
Mail
Direction des enquêtes et du contentieux — 101-2045, rue Stanley, Montréal (Québec) H3A 2V4
Telephone
514 879-1793 · Toll-free: 1 800 263-1793 (ext. 5913 for the Office of the Syndic)
Fax
514 879-1589

The service is entirely free. If your request justifies the opening of an investigation, a syndic will take charge of your file. The investigation is strictly confidential. If it lasts more than 90 days, the syndic must inform you in writing, then keep you informed of its progress every 60 days.

What may happen next

Possible decisions after the syndic's investigation

Once the investigation is complete, the syndic informs you in writing of their decision:

Decision to file a complaint before the Disciplinary Council · OR decision not to file a complaint (closure of the file)

If the syndic decides to file a complaint, the Disciplinary Council of the Chambre des notaires will hear the case. If the notary is found guilty, the Council can impose several sanctions provided for in the Professional Code: reprimand, fine (minimum $2,500 and maximum $62,500 per count of infraction), temporary or permanent striking off the roll of the Order, restriction of the right to practise, or revocation of the permit. The notary can appeal the decision before the Professions Tribunal.

If the syndic decides not to file a complaint, you have the right to request the opinion of the Review Committee. Your request must be submitted in writing within 30 days of receiving the syndic's decision.

You have 30 days to request a review of the syndic's refusal. Do not let this deadline pass.

As a last resort, remember that a citizen can also file a private complaint themselves directly with the Disciplinary Council, without going through the syndic. This procedure is, however, complex and generally requires the help of a lawyer.

Important limits

What AI does — and what it does not do

AI helps you organize your facts and draft a clear and professional document. It does not give you legal advice and does not replace a legal professional.

If your complaint concerns a notary in a real estate transaction with a broker and your dispute relates to the broker's compensation, the Chambre des notaires is not the right place. Contact the Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ).

If your situation is complex or involves significant financial stakes, you can consult a lawyer, or obtain free information from the Centres de justice de proximité. If you are eligible, legal aid can cover your fees.

Ready to submit your investigation request?

START MY REQUEST TO THE SYNDIC →
In summary

Your complaint deserves to be heard

The Office of the Syndic of the Chambre des notaires du Québec exists to protect the public. If your notary has failed in their professional obligations, you not only have the right to file a complaint — you have the responsibility to do so, for yourself and for other citizens who could find themselves in the same situation. Organize your facts, draft your investigation request with the help of AI, and submit it. The service is free. The rest is up to the syndic.

An error to report? Information to add or a question about this guide? Write to us at justice-quebec@outlook.com — we read every message.