Notaries owe the same duties to their clients as lawyers. Lawsuits can brought against notaries for breach of duty, breach of contract and/or breach of fiduciary duty.
Examples of such breaches include the following:
1. In a real estate transaction, failing to protect a property purchaser from potential liability arising from a non-resident vendor not paying the taxes due on the transaction according to the Income Tax Act.
2. In a real estate transaction, failing to verify lot measurements and advise clients of their right to refuse to complete the purchase.
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