Notarial Services for International Real Estate Transactions
Notarial services play an important role in certifying and authenticating documents, particularly for use in international transactions. While most domestic property transactions do not require notarisation, certain situations—such as buying or selling property overseas, signing foreign mortgage agreements, or using Power of Attorney for international dealings —may necessitate a Notary Public’s services.
A Notary Public is a senior legal professional authorised to:
- Verify identities and witness signatures.
- Authenticate and certify documents for international use.
- Prepare and notarise affidavits, statutory declarations, and Power of Attorney documents.
- Administer declarations, oaths and affirmations for legal purposes.
- Prepare a Notarial certificate certifying the Notarial acts completed in relation to a document, which is then attached to the document.
- Stamp a document with a Notarial seal which then permits an Apostille to be attached to the document or the document to undergo legalisation at the Embassy/Consulate of a foreign Country in Australia (if required for foreign transactions). For domestic property transactions, notarisation is generally not required, and documents are often signed in the presence of a Justice of the Peace (JP), solicitor, or conveyancer.
When Are Notarial Services Required for Property Transactions?
A. International Property Transactions
If you are buying, selling, or managing real estate overseas, notarisation may be required for:
- Foreign property purchase or sale agreements
- Title transfers for overseas real estate
- Mortgage documents from international lenders
- Power of Attorney (POA) for property transactions abroad
In these cases, a Notary Public must authenticate documents before they are legalised with an Apostille or consular authentication for use overseas.
B. Power of Attorney for Real Estate
- If you are granting someone authority to sign property-related documents on your behalf, especially for overseas transactions, a Notary Public may need to witness and Notarise a POA executed by you.
- For domestic transactions, a Solicitor or JP can often act as a witness instead.
C. Foreign Mortgage and Loan Agreements
- If you are borrowing from an international bank or financial institution, the lender may require your mortgage/loan documents to be notarised.
- The Notary Public verifies your identity and verifies that you understand the document before notarisation.
D. Statutory Declarations and Affidavits Related to Property
- If you are involved in a legal dispute or inheritance claim regarding property, you may need to submit a notarised affidavit or statutory declaration for international legal proceedings.
Who Can Notarise Your Real Estate Documents?
| Service | Notary Public | Justice of the Peace (JP) |
|---|---|---|
| Witnessing local property contracts | Not required | Solicitor or JP can witness) |
| Notarising documents for international use | Required | Not authorised |
| Power of Attorney for domestic use | (Solicitor can witness) | Allowed |
| Foreign real estate transactions | Required | Not authorised |
| Apostille or consular authentication | Required | Not authorised |
Where to Find Notarial Services
- Law firms offering notarial services
- Department of Foreign Affairs and Trade (DFAT) – For Apostille or Authentication after notarisation
Costs of Notarial Services
The cost of notarisation varies depending on the document type and complexity.
Fees may vary depending on the length of the document, whether there are Notarial certifications required to be completed within the document, or a Notarial certificate is required to be attached to the document.
Additional fees for multiple signatures, Apostille services, translations or urgent requests.
Mobile notary services may charge extra for travel.
Notarial services in Australia are primarily required for international property and mortgage transactions, not domestic real estate deals. If you need documents authenticated for use overseas, a Notary Public can provide the necessary certification, often followed by Apostille or consular legalisation. However, a Justice of the Peace (JP), solicitor, or conveyancer can typically handle document witnessing for local transactions.
Bahal Singh Gill
Bahal Singh Gill, Principal of BSG Lawyers, is a highly regarded Notary Public in Adelaide. Mr Gill is fluent in Punjabi, Hindi, Urdu, Bahasa, Indonesian, Hokkien Chinese, and English. If you need a notary public for real estate transactions, don't hesitate to call (08) 8342 1388.
To book a notary appointment with Mr Bahal Singh Gill, call our office in Adelaide
Get in touch to book your consultation with a notary public Adelaide