A horrendous experience at Notary

[painoftheyear]

Hi there. I was at the Notary earlier this week to get a legal document done. I dont think it matters to the story what it was, so I will spare all the details and make it shorter.

So when i arrived at the Notary I told them what my concerns were, and why I was looking for certain protection from it happening. The Notary told me that they did not know if my concern would actually happen. if it was valid. They did not tell me i might research it, or perhaps find a more appropriate person to ask. Instead they proceeded to move forward with the legal document.

On the 2nd visit I was able to read the legal document to sign, and I realized that there was nothing in it that would protect me from my concern. I then told the Notary this. I then explained again what I wanted it for and that it looked like this was not what I was looking for. The Notary briefly expressed to me that on the 1st visit I was there they 'did not get it'. We proceeded to cancel the legal document but they still charged me for the work that was done. They charged me $ 268. I did not argue it, or even express my disapproval over this because I was very very confused on how this all happened. I felt at that moment it was my fault.

As a day or two passed I started to see things more clearly. That is, although she did not know if my concern was valid, she DID know that the legal document would not do anything to help. Afterall, I saw that after I read the legal document, when it was too late.

I feel like I was really taken advantage of. Overall on the 1st day she had very poor communication and listening skills. On the second visit we communicated much better. It took her a long time though to still to understand me. I dont understnad this. She seemed to have some preformed idea and harsh criticism about that seemed to be in the way. She was not supportive of me as a client at all. It took me a while of explaining until she understood. She was very uncompassionate. And then she told me what I needed to know -- That there was no legal document that was going to help me, and instead I should get together with the parties involved privately to discuss and form an agreement. Ahhh.. there it is. But it was too late and she charged me.

I would really like to hear some good advice on this. Is there anything I can still do? Was this fair for her to do ? I am really really upset over what happened. I am so stupid. I really cannot believe it. Thanks

 

[Silverplum]

Hi. I was at the Notary earlier this week to get a legal document. I dont think it matters to the story what it was, so I will spare all the details and make it shorter.
So when i arrived at the Notary I told them what my concerns were and why I was looking for certain prottection from it happening. The Notary told me that they did not know if my concern would actually happen. They did not tell me i might research or perhaps find a more appropriate person to ask. In any case they proceeded to move forward with the legal document. On the 2nd visit I read the legal document to sign and I realized that there was nothing in it that would protect me from my concern. I then told the Notary this. I then explained again what I wanted it for and that it looked like this was not what I was looking for. The Notary briefly expressed that on the 1st visit they 'did not get it'. We proceeded to cancel the legal document but she still charged me for the work that was done. They charged me $ 268. I did not argue it or even express my disapproval over this because I was very confused how this happened. I felt at that moment it was more my fault.
As a day or two passed I started to see that although she did not know if my concern was valid, she DID know that the legal document would not do anything to help. Afterall, I saw that after I read the legal document. I feel like I was really taken advantage of. Overall she had poor communication and listening skills. On the second visit we communicated better. It took her a long time still to understand me. Why? Because she was thinking badly of me. She was not supportive of me as a client. It took me a while of explaining until she understood and got over her false impression of me. She was very uncompassionate. ...And then she told me what I needed to know -- That there was no legal document that was going to help m, and instead I should get together with the parties involved privately to discuss and form an agreement. Ahhh.. there it is. But it was too late for she had done some work and had to charge me.

I would really like to hear some good advice on this. Is there anything I can still do? Was this fair for her to do ? I am really really upset over what happened. I really cannot believe it. Thanks

Do you know what a notary does? What a notarized document is and is not? Did you expect legal advice from the notary?

 

[justalayman]

Did you go to a notary public of a notario publico

In the US all a notary does is witness your signature. They cannot give legal advice.

A notario publico is not a notary public. They are actually a sort of legal adviser that cannot operate legally (in that capacity). They are often found in predominately Mexican areas.

 

[Silverplum]

What's your US state?

 

[painoftheyear]

Hi Silverplum,

Yes, I know what a Notary does generally... I have never been to a Notary in my life, though. In fact what happened as well, is that I was sent next door to another Notary for some conflict of interest problem and they would have signed it with me. They were the ones that were really excellent. They told me that I need to ask an Accountant as opposed to a Notary, if my concern was valid. They were really helpful. Why didn't she tell me that ? Because she was not listening and communication was poor. She told me she 'did not get it'. If she had listened she would have told me right there that what I was looking for was a private agreement.
Then all that work she did wouldnt have had to be done and at least the charge could have been much less, if not at all..

 

[painoftheyear]

Silverplum I live in Canada.

 

[painoftheyear]

Hi Justalayman, I live in Canada. They were a Notary Public.

 

[quincy]

This site handles US law questions and legal concerns only.

As a slight correction to what was said earlier about notary publics in the US. They are not limited to administering oaths and certifying signatures.

They may also perform certain official acts (mostly in commercial matters) such as the protesting of notes and bills, the noting of foreign drafts, and marine protests in cases of loss or damage. They can also take acknowledgments of deeds and other conveyances and certify them.

One thing they cannot do, unless licensed to practice law in their jurisdiction, is offer legal advice (on legal documents or in general).

It appears the notary public did her job. But you can seek out help in Canada if you think otherwise.

 

[painoftheyear]

Thanks Quincy. Lets pretend then I'm in the U.S then. Don't you think that if she had heard my concern in the 1st 5-10 minutes, that she would have sent me on my way, instead of proceeding ? While she cannot give me legal advice, isnt it her duty that she is making up a legal document that is valid and appropriate ? In our second visit she did give me legal advice. She told me the appropriate route to go. Perhaps it is different in Canada...

 

[justalayman]

This site handles US law questions and legal concerns only.

As a slight correction to what was said earlier about notary publics in the US. They are not limited to administering oaths and certifying signatures.

They may also perform certain official acts (mostly in commercial matters) such as the protesting of notes and bills, the noting of foreign drafts, and marine protests in cases of loss or damage. They can also take acknowledgments of deeds and other conveyances and certify them.

One thing they cannot do, unless licensed to practice law in their jurisdiction, is offer legal advice (on legal documents or in general).

It appears the notary public did her job. But you can seek out help in Canada if you think otherwise.

ok, ya got me but the overwhelming majority of uses are limited to witnessing signatures and asking: do you

But from what the op described none of the other duties available applied.


Don't make me announce this as feeling verbose Friday. You wouldn't like me when I get all verbose on your rear.

 

[quincy]

Thanks Quincy. Lets pretend then I'm in the U.S then. Don't you think that if she had heard my concern in the 1st 5-10 minutes, that she would have sent me on my way, instead of proceeding ? While she cannot give me legal advice, isnt it her duty that she is making up a legal document that is valid and appropriate ? In our second visit she did give me legal advice. She told me the appropriate route to go. Perhaps it is different in Canada...

Ah. A "let's pretend" game.

Canada IS different than the US. There are differences in each Province of Canada just as there are differences in each state of the US. This forum limits itself to US law and to respond to your question from a US law perspective really does you very little good. You need to look to the laws of your province.

In the US, though, the notary public is not allowed to give advice or offer opinions on legal documents. To do so would be the unauthorized practice of law. The notary public must not exceed the limits of the position.

But, yes, perhaps it is different in Canada. I suggest you head off to someone in your area of Canada to see if your notary public acted appropriately under your laws. Good luck.

 

[Proserpina]

Thanks Quincy. Lets pretend then I'm in the U.S then. Don't you think that if she had heard my concern in the 1st 5-10 minutes, that she would have sent me on my way, instead of proceeding ? While she cannot give me legal advice, isnt it her duty that she is making up a legal document that is valid and appropriate ? In our second visit she did give me legal advice. She told me the appropriate route to go. Perhaps it is different in Canada...

No, let's not do that. Really - there are 50 states here and laws vary from state to state, let alone from country to country. Heck local rules can vary from county to county within the same state! (New York, we're looking at you ... )

 

[quincy]

No, let's not do that. Really - there are 50 states here and laws vary from state to state, let alone from country to country. Heck local rules can vary from county to county within the same state! (New York, we're looking at you ... )

I was sort of up for playing a game tonight but the "let's pretend" game suggested by painoftheyear really did not sound like all that much fun.

painoftheyear could find out a lot about the laws on notary publics in his/her (unnamed) province just by doing a quick online search, if interested enough.

 

[Zigner]

This site handles US law questions and legal concerns only.

As a slight correction to what was said earlier about notary publics in the US. They are not limited to administering oaths and certifying signatures.

They may also perform certain official acts (mostly in commercial matters) such as the protesting of notes and bills, the noting of foreign drafts, and marine protests in cases of loss or damage. They can also take acknowledgments of deeds and other conveyances and certify them.

As an illustration of the differences between states: Notaries in California don't even do all of the things in the list given above.

 

[Zigner]

No, let's not do that. Really - there are 50 states here and laws vary from state to state, let alone from country to country. Heck local rules can vary from county to county within the same state! (New York, we're looking at you ... )

Well, to be fair: In my state, notaries are regulated at the state level, not the county level

Good night all!