Homebuyer protection
Exclusive to Via Capitale, this protection is offered free of charge to buyers by participating brokers.
If the plumbing, electricity, heating or appliances included in the sale malfunction or breakdown in the first 12 months following the sale, possibility of refunds of up to $1,000 per claim (certain conditions apply).
Reassuring Protection for the old and new owner!
For the buyer: the assurance that the appliances included in the transaction are protected.
For the seller: the assurance that this protection on the assets included in the transaction will avoid potential complaints by the buyers.
This protection also provides access to a free legal assistance service.
Homebuyer Protection - Eligibility
Benefits of Homebuyer Protection
Homebuyer Protection reimburses the beneficiary the cost of repairs made due to a defect or sudden break in appliances, plumbing, heating, ventilation, air conditioning and electrical systems and equipment. The protection reimburses up to $1,000 per claim, taxes included.
Eligible beneficiaries
The beneficiary must have purchased the property through a Via Capitale broker who participates in the Homebuyer Protection program.
Eligible properties
To be eligible for the Protection, the property must be:
- Made up of a maximum of four units;
- Strictly and entirely used for residential purposes;
- Suitable for year-round occupancy;
- Sold for more than 75 000$.
To be eligible for the Protection, the property must not be:
- A new building;
- Repossessed, subject to a judicial sale or left vacant for more than 90 days before the signature of the sales deed.
Included appliances, systems and equipment
- Appliances, systems and equipment located within the natural perimeter of the primary residence and the attached heated garage. This excludes appliances, systems and equipment located in solariums or other added 3 or 4 season rooms and, for condominiums, equipment included in the common areas.
- Appliances, systems and equipment less than 15 years old. When replacement parts are not available, reimbursement is limited to the cost of the repair if the parts were available.
- Appliances, systems and equipment more than 15 years old when replacement parts are available.
- The heat pump, even if it is located outside the natural perimeter of the primary residence.
Excluded appliances, systems and equipment
- Any type of fireplace and hot water tank.
- Appliances, systems and equipment located in solariums or other 2 or 4 season rooms added, or for a condominium, included in the common areas.
Applicable conditions
- The Protection is conditional upon the equipment and appliance being in good working order when the deed of sale is signed and for which the breakdown could not be foreseeable or inevitable, given the age, the condition or the usage of the equipment or if the damage is the result of a hidden defect. All appliances, systems and equipment which are heavily damaged by oxidization, rust or corrosion are not covered, if this condition was apparent when the promise to purchase is signed.
- The Protection applies solely to appliances, systems and equipment subject to normal use for which they are intended and whose failure or sudden breakdown is due to improper installation, water, freezing, fire, explosion, vandalism or any other fortuitous event unrelated to normal functioning, inadequate voltage or improper relocation.
- The Protection applies for repairs and replacements made only by qualified people. Furthermore, the damages must not be the result of prior replacements and repairs made by unqualified people.
Applicable limitations
- The Protection is limited to the amount of the repair and replacement that would be assumed by a diligent consumer who has taken the steps necessary to obtain the best possible price for the parts, appliances and equipment and manpower.
- The costs for restoration work following repair or replacement work is included and cannot exceed the limit of $1,000 per claim, all taxes included.
- All travel and labour costs will be paid by the beneficiary to the qualified professional for a claim that isn't covered by the Protection.
- The Protection does not cover preventative maintenance work, leasehold improvements, renovations or any and all work made necessary due to the fact that the appliance, system and equipment does not comply with a regulation of any kind, is obsolete or no longer meets industry standards.
Damages not covered
The Protection does not cover direct and indirect physical or material damages and inconveniences resulting failure or breakdown of appliances, systems and equipment covered by the Protection, or:
- Their repair or replacement, inability to repair or replace them or any damage resulting from repair or replacement work;
- The impossibility to obtain the necessary parts in a timely fashion or for any other reason whatsoever;
- The inability to make the repair or replacement in a timely fashion;
- Refusal or delay to pay any claim.
Coverage period
The protection takes effect on the date the deed of sale is signed before a notary and applies for a period of 12 months.
Procedures to benefit from the Protection
All claims must be reported as soon as the failure or breakdown occurs and within 60 days of the event at the latest.
Procedure for regular situations: For non-emergency repairs which can wait for 48 hours and, whether or not the parts or equipment require replacement, the beneficiary must first obtain authorization from the Protection's administrator to have the repair or replacement made.
Procedure for emergency situations: For emergency repairs, such as a breakdown which renders the property uninhabitable, or if the repair or replacement period risks resulting in further damages, the beneficiary must take all necessary steps to have the appliances or equipment repaired immediately by a qualified technician. The beneficiary will have to immediately contact the administrator of the Protection by telephone, between 8:00 AM and 5:00 PM from Monday to Friday.
Failure to send the administrator proof (appraisal, invoice, proof of payment, etc.) required to study the claim will lead to refusal of the coverage.
Deductible
A deductible of $100 per claim is deducted from the benefit.
Program administrator and claims
The Homebuyer Protection program is administered by GPL assurance inc. on behalf of Via Capitale, its franchisees and brokers.
Homebuyer Protection is offered free of charge by Via Capitale participating brokers.
Conditions of the Homebuyer Protection are subject to change without notice..
Homeowner Protection
Exclusive to Via Capitale, this protection is offered free of charge to selling clients by participating brokers.
Homeowner Protection protects the seller against the promisor-buyer's failure to conclude the sale.
Once all the 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. The death or total disability of one of the promisor-buyers after all conditions 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.
This protection also gives you access to a free legal assistance service.
Homeowner Protection - Eligibility
Exclusive to Via Capitale, this protection is offered free of charge to selling clients by participating brokers.
The Homeowner Protection is a free program that compensates the owners-sellers for losses and expenses incurred due to the delay or cancellation of the promising buyers and gives access to a legal advice 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.
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;
- Offers year-round housing;
- 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 15th 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:
- Interest charges and additional interest (financial bridge) and loan management fees actually incurred;
- Property taxes, energy costs, condominium fees, home insurance, service contracts (maintenance, surveillance, communication, etc.) resulting from the lateness or withdrawal;
- Temporary furniture storage and transportation expenses;
- 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:
- 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.
- A situation concerning the property or the selling owners and which existed before the Homeowner Protection took effect.
- 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.
- 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 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.
Legal Assistance
Legal Assistance: a useful resource for the owner.
Because your broker participates in Homebuyer Protection or in Homeowner Protection, you automatically benefit from free legal assistance for questions on: family, work, civil liability, bankruptcy, wills and estates, business, corporate, real estate, small claims, consumer protection, neighbourhood disputes, housing, municipal, health, travel.
- Free Assistance for 12 months;
- No time limit on calls;
- No call limit;
- Confidential and bilingual service;
- Call returned by a lawyer within 48 hours.
Legal information is provided by phone by lawyers working for National Bank insurance.
Source : http://www.viacapitalevendu.com/en/protections