Exclusive to Via Capitale, this protection is offered free of charge to selling clients by participating brokers.

Homeowner Protection is a free program that compensates selling owners for losses and disbursements incurred if the promisor-buyers delay or withdraw from the transaction. Homeowner Protection also provides access to a legal consultation service.

Eligible beneficiary

An eligible beneficiary is the selling owner of an eligible property, including estates and curatorships, represented by a Via Capitale broker participating in the Homeowner Protection program at the time of the contract. To find out if your broker participates in the program, search for “participating broker” on their personal page on viacapitalesells.com

Eligible beneficiaries exclude: legal persons, companies, businesses, developers and constructors.

Eligible property

To be eligible for Homeowner Protection, the property must be:

• Made up of a maximum of four units
• Strictly and entirely used for residential purposes
• Suitable for year-round occupancy
• Subject to a promise to purchase of more than $75,000

To be eligible for Homeowner Protection, the property must not be:

• A new building
• Repossessed or subject to a judicial sale
• Left vacant for more than 90 days before the expected signature date of the deed of sale.

Legal assistance

After the conditions of the promise to purchase are met and up to one (1) year after the date of the deed of sale, the eligible beneficiaries have access to legal telephone assistance services that provide them with legal information from a lawyer:

• At no charge
• Call returned by a lawyer within 48 hours
• More than 15 fields of Quebec law are available
• Unlimited number of consultations.

Legal assistance benefits, terms and conditions and coverage are limited to what is offered by the National Bank Insurance legal assistance service.

Lateness or withdrawal by promisor-buyers

Coverage

After all conditions of the promise to purchase are met, except for the signing of the deed of sale, in the event that the promisor-buyers are late following up on or withdraw from the promise to purchase, the eligible beneficiaries will be reimbursed for reasonable losses, disbursements and temporary living expenses. Reimbursements will cover the period starting from the 15^th day of lateness or withdrawal to the 180th or a maximum of $25,000, whichever occurs first.

1. In the event of lateness and/or withdrawal by the promisor-buyers, the following reimbursements will apply:

1. Interest charges and additional interest (financial bridge) and loan management fees actually incurred.
2. Property taxes, energy costs, condominium fees, home insurance, service contracts (maintenance, surveillance, communication, etc.) resulting from the lateness or withdrawal.
3. Temporary furniture storage and transportation expenses.
4. Temporary living expenses up to a total amount of $5000 and the following daily amounts: $150 for meals, $200 for lodging, and reasonable travel for work or school.

2. In the event the buyers withdraw, Homeowner Protection will pay eligible beneficiaries the difference between the net selling price obtained upon sale to second buyers and the amount provided in the promise to purchase that was subject to the withdrawal. The selling owner and administrator of the Via Capitale program must agree on the price and conditions of the resale.

Death or disability : The death or total disability of one of the promisor-buyers after all conditions of the promise have been met, except for the signing of the deed of sale, will be considered to be a withdrawal that makes the selling-owners eligible for Homeowner Protection.

Exclusions

Homeowner Protection does not cover damages and harm of a purely personal nature, of physical or psychological health, lost time and opportunities possibly suffered by eligible beneficiaries, members of their family or any third person. The principal portion of any mortgage payment, including contributions to a contingency fund or special condominium contributions, is also excluded.

Conditions

To be eligible for Homeowner Protection, the lateness or withdrawal of the promisor-buyers must not in any way be related to:

1. The selling owners’ willingness or actions and must be completely independent of their obligations to guarantee right of ownership, delivery, disclosure and guarantee the quality of the property.
2. A situation concerning the property or the selling owners and which existed before the Homeowner Protection took effect.
3. The state of the property, the fact that work is in progress or is needed to correct defects or to meet any regulatory, functional or environmental requirements, to satisfy the requirements of the promisor-buyers or which would significantly affect the property’s use or sustainability.
4. Their ability to pay the amount agreed upon, any shortage of funds due to facts or circumstances known by the selling-owners or which they could not ignore.

Any false declaration, reluctance or exaggerated or fraudulent request for reimbursement by the selling owners will result in rejection of the claim.

Eligible beneficiaries must take all necessary steps to reduce or avoid losses and damages arising from failure by the promisor-buyers or otherwise giving rise to a claim. The property must not have been put up for sale with another agency and the brokerage contract must remain in effect.

Subrogation

Acceptance by the eligible beneficiaries of any benefit for losses or reimbursements from the Homeowner Protection, subject to the following, shall release the promisor-buyers from their obligation to purchase the property.

The eligible beneficiaries subrogate all their rights to the Homeowner Protection (administrator of the program - Via Capitale) for which they received a payment or reimbursement for losses, disbursements or additional expenses. Via Capitale may institute any proceedings at its own expense to recover reimbursements paid under this Homeowner Protection, including its own expenses; in such a case, the eligible beneficiaries shall provide assistance. However, Via Capitale renounces the institution of such proceedings against the estate or curatorship.

Eligible beneficiaries cannot deal or otherwise agree with the promisor-buyers on a settlement that aims to terminate in whole or in part a litigation resulting from their failure or lateness, without prior agreement of the Via Capitale program administrator.

Program administration and claims

Via Capitale, franchisor, administers this Protection program for the clients of the Network’s agencies. Any request for information must be sent to the address below. The terms and conditions of this program are subject to change without notice.

Any facts that could lead to the opening of a claim must be brought to the attention of the program administrator as soon as they arise. Any claim must be submitted to the program administrator immediately upon the default, lateness, delay, death or permanent total disability of one of the promisor-buyers at the latest within 60 days of the event giving rise to a remedy. Failure to immediately report, co-operate or refuse to provide the administrator with all facts or events that could influence the application of this protection or to provide any supporting documents required to study the claim could lead to rejection of the claim.

This protection is offered to you free of charge by participating Via Capitale brokers.

The terms and conditions of Homeowner Protection are subject to change without notice.

Homeowner Protection
Via Capitale
2550 Daniel-Johnson, suite 500
Laval, QC H7T 2L1

1 877 491-2433

Homeowner Protection is a free program that protects the seller against failure by promisor-buyers to conclude the sale. This protection also gives access to a free legal assistance service.