TERMS OF SERVICE OF SUTTON SECUR FOR RESIDENTIAL PROPERTIES
OBJECT OF PROTECTION
This contract is applicable to real estate and rental transactions occurring in the province of Quebec for which a certificate is duly issued by Fiducia Realty Services Ltd. (doing business under ” Sutton Secur “) for the benefit of all persons having subscribed to the Sutton Secur program (hereafter the ” Client “). This contract provides the Customer with a legal reference directly to an attorney at the time of the occurrence of one of the Concerned Litigation, as more fully described in article 1 of this contract.
In this contract, the expression:
- 1. “Lawyer” means a member registered on the roll of the Order of the Barreau du Québec and who is a member of the Sutton Secur network;
- 2. “Certificate” means the certificate issued by Sutton Secur to Customer upon payment of the prescribed fee, and subject to the terms and conditions of this Agreement;
- 3. “Form” means the form that must be completed and sent by the Customer for his request to be processed by Sutton Secur;
- 4. “Customer” means all persons having subscribed and paid for the Sutton Secur certificate;
- 5. “Tenant’s Obligation” means any obligation of a Tenant under a residential lease to: (i) pay the required rent at the time agreed to in the lease; (ii) use the unit prudently and responsibly; (iii) make necessary minor repairs; (iv) not change the form or purpose of the unit; (v) restore the unit to the condition received; and (vi) not disturb the peace and quiet of other tenants, and any other obligation of a Tenant under a residential lease that is binding on the Client;
- 6. “Sutton Secur” Fiducia Realty Services Ltd ;
- 7. “Passage of Title” means a legal action following the refusal of the buyer or seller to act on a bilateral promise of sale binding the parties by signing the deed of sale;
- 8. “Property” means the property shown on the Certificate;
- 9. “Hypothecary Recourse” means a recourse reserved for a creditor when its debtor is in default within the meaning of the law at the time when a specified obligation for a specified amount of money is due to be fulfilled;
- 10. “Title deed” means all the rights related to an immovable (mortgage, servitude, etc.) with the exception of those declared at the time of the sale;
- 11. “Neighbourhood Disturbance” means a conflict caused by a neighbor within 50 metres of his or her building involving views, noise, rights of way, encroachment or trees and fences;
- 12. “Defect Hidden“, means a major defect that diminishes the quality of a building, preventing the owner from fully and normally using or enjoying his building and includes all of the following elements: (i) is not apparent and cannot be discovered by simple examination; (ii) is unknown to the purchaser; and (iii) existed at the time of purchase of the immovable;
2. RELATED LITIGATION
As part of this Agreement, Sutton Secur will assign an attorney or law firm, chosen at its sole discretion, to act for and on behalf of Customer upon the occurrence of any of the following disputes that may arise at the Property: Title Transfer, Tenant’s Obligation, Title Deed, Neighbourhood Disturbance, Mortgage Financing Problem, Illegal Brokerage or Vice Hidden (hereinafter collectively a “Concerned Litigation”).
3. AMOUNT OF FEES, LEGAL FEES, AND OTHER DISBURSEMENTS
3.1. Sutton Secur will assume a maximum amount of $3,000.00 ($4000 for commercial properties) in professional fees for all Concerned Litigation in respect of the Property;
3.2. All other disbursements, including court stamps, bailiff’s fees, stenographic services, expert opinions, and other amounts that the Client may be ordered to pay under any judgment or agreement, are expressly excluded from this contract and are the responsibility of the Client, according to the rates in effect at the time and/or any agreement that may be entered into with the Lawyer;
3.3. All other disbursements, including court stamps, bailiff’s fees, stenographic services, expert opinions, and other amounts that the Client may be ordered to pay under any judgment or agreement, are expressly excluded from this contract and are the responsibility of the Client, according to the rates in effect at the time and/or any agreement that may be entered into with the Lawyer;
3.4. Sutton Secur’s obligations to pay the Lawyer’s fees on behalf of the Client, cease as soon as the maximum aggregate guarantee amount provided for in section 3.1 has been exhausted;
3.5. The Client acknowledges that, in certain cases, the Attorney will be entitled to receive legal fees from the opposing party and, in such case, it is understood that such legal fees belong to the Attorney.
4. PERIOD OF PROTECTION
The Customer benefits from the coverage of the certificate, once purchased by the broker, before or at the signing of the deed of sale, in accordance with the terms and conditions of this agreement, as long as they continue to reside at the property for which the certificate was issued.
5. CUSTOMER REQUEST FORM
Upon the occurrence of one of the Concerned Disputes, Customer must complete the “Claim Form” (hereinafter the “Form”), a copy of which is attached to this contract, and send it to Sutton Secur as soon as possible. The Customer has thirty (30) days to complete the Form when he has knowledge of one of the Concerned Disputes. If Sutton Secur does not receive the Form at the end of this delay, all responsibilities towards the Customer will end with respect to the Concerned Dispute for which the Form was required.
6.1. In order to benefit from this contract, the parties to a transaction must pay the full amount, as the case may be:
- Seller: at the time the Property is offered for sale, on the market either by a licensed broker within the meaning of the Quebec Brokerage Act or directly by the Client or another intermediary with a valid power of attorney;
- Buyer: when all the conditions of a written promise to purchase are fulfilled;
- Tenant/Lessor: at the time of proper acceptance of an offer to rent and/or lease.
6.2. Payment of the deductible is made solely to the order of Sutton Secur and/or any other person designated by Sutton Secur from time to time, which amount must be paid in full prior to the issuance of the certificate.
7. GENERAL EXCLUSIONS
The following points are expressly excluded from this contract and Sutton Secur can in no way be held responsible for losses resulting directly or indirectly from an event arising from :
7.1 When the declaration of the dispute is made after the expiration of the period of protection or when the origin of the dispute is located on a date prior to that of the coming into force of the Sutton Secur contract;
7.2 When the Customer or a member of his family is the author of theft, fraud, misrepresentation of facts, or if he refuses, deliberately or not, to communicate information, shows bad faith or a malicious, vexatious, dilatory or vengeful act against a third party;
7.3 In the event of State intervention that would result in any confiscation, nationalization, requisition, destruction or deterioration of materials;
7.4 When the property is totally or partially uninhabitable or rentable as a result of construction work carried out by contractors, except in cases of emergency, after the entry into force of the contract;
7.5 When one of the parties is in financial default, failure to finance, withdrawal or insufficiency of funds, due to circumstances that should have been known, or for any promise to purchase or lease signed when the financial problems of the buyer or seller were already known;
7.6 In the event of various financial losses related either to the loss of value of an asset, income, salary, the value of shares or investments, rents, profits or the difference in the mortgage interest rate;
7.7 For any signed Promise to Purchase or Offer to Lease where the Customer’s financial problems are known;
7.8 When the Concerned Litigation involves a broker who is part of the Sutton Secur network or any other partner;
7.9 In case of force majeure such as nuclear or radioactive contamination, armed conflict, invasion, act of terrorism or any other irresistible and unpredictable event;
7.10 In the event of a criminal act or gesture on the part of the Client or his/her spouse;
7.11 When the dispute relates to defamation or insults regardless of the means of communication or in case of indirect, consequential or incidental damages suffered by any person or property;
7.12 In case of illegal use of the Property such as growing or storing cannabis or other illegal substances;
7.13 When the Customer has accepted and acknowledged the condition of the Property with defects, faults, deterioration, and has accepted the conclusions “as is” or “in the condition observed” before the promise to purchase was made or the promise to purchase contained this type of mention “without legal warranty” or “at your own risk”, or that he knew of the presence of pyrite, pyrrhotite, vermiculite, ferrous ochre, urea-formaldehyde foam insulation (UFFI), asbestos or any other pollution in or on the Property;
7.14 When sums of money can be recovered or due at the conclusion of the real estate transaction or lease or as a result of court decisions relating to a dispute;
7.15 When the purchase or sale is for a newly constructed Residential Property;
7.16 When the seller has left the Property unoccupied prior to the completion of the promise to purchase, without any voluntary intervention on the part of the State;
7.17 When a real estate developer or contractor is waiting for a demolition or building permit and is involved in the real estate transaction;
7.18 When without the approval of Sutton Secur and out of an emergency situation, a professional has handled the Concerned Litigation;
7.19 Where Customer has a professional syndicate or condominium corporation which, in the opinion of Sutton Secur, should assume responsibility for acting for and on behalf of Customer;
7.20 Sutton Secur is not responsible in the event of any postponement related to a strike;
7.21 For all situations or disputes concerning a patent, trademark, copyright, demarcation or in which the Customer is responsible for expropriation or nuisance;
7.22 When the Client has died as a result of an illness which he concealed when it was already declared before the signing of the contract;
8. PROOF OF APPLICATION
8.1 In addition to the online submission of the Form provided for in section 5, the Customer must, within thirty (30) days following the completion or online completion of the said Form, submit all information that Sutton Secur may reasonably expect concerning the circumstances and scope of the Dispute in question;
8.2 If the case arises, the Customer must also provide details of how the amount of the loss or damage was calculated;
8.3 If the Customer does not provide this proof, all obligations of Sutton Secur towards the Customer will end;
8.4 Customer may also be required in certain cases to submit to an examination under oath with a representative authorized by Sutton Secur;
8.5 The Client’s confidential information given to Sutton Secur will not be disclosed unless such disclosure is necessary to administer the file;
9. GENERAL TERMS AND CONDITIONS
9.1 Change of situation: The contract is established on the basis of the information contained in the certificate. The Customer has the obligation to advise Sutton Secur of any change that could affect the veracity of the certificate. The Customer certifies that the information he provides to Sutton Secur is accurate. Any reticence, false declaration, omission or inaccurate statement on the part of the Customer will result, at the request of Sutton Secur, in the nullity of the contract;
9.2 Unable to locate the opposing party: If it is impossible for Counsel to locate the opposing party or to enforce the Customer’s rights, Sutton Secur may then suspend processing of the Customer’s file until the opposing party has been located. Finding the opposing party may result in additional costs to the Client;
9.3 Client’s Cooperation: A lack of cooperation by Client may result in the cancellation of this contract, at the discretion of Sutton Secur and/or Counsel, as the case may be;
9.4 Vigilance : Le Client est tenu de prendre toutes les précautions raisonnables pour anticiper ou réduire les pertes ou dommages couverts aux termes de ce contrat;
9.5 Plurality of legal protection: When several certificates relating to a legal protection have been contracted in a non-fraudulent manner and cover the same dispute, the Sutton Secur certificate intervenes proportionally to the sum of the applicable guarantees, up to its guarantee amount;
9.6 Recovery of costs : The costs obtained from the opposing party as legal fees are deducted from the amount of the disbursement note of the law firm chosen by Sutton Secur;
9.7 Subrogation: Sutton Secur is entitled to take legal action on behalf of Customer, at its sole expense and in its sole discretion, to recover all amounts paid hereunder, including its own costs;
9.8 Small Claims: In the case of a dispute below the intervention threshold and below the maximum amount set by Book VIII of the Code of Civil Procedure of Quebec, entitled “Small Claims Claims” which must be decided in accordance with the provisions of Book VIII or heard before the Small Claims Division of the Civil Division of the Court of Quebec, Sutton Secur will pay the amount of the fees, excluding costs, in accordance with Article 3 of this contract;
9.9 Interpretation of Terms: If a court of competent jurisdiction determines that any of the terms and conditions of this Agreement violate any law or regulation of the province in which the transaction takes place, such term or condition shall be construed or modified so as to comply with such law or regulation;
9.10 Arbitration: Any dispute, misunderstanding or claim between the parties to this Certificate concerning the interpretation or application of the terms and conditions of the Certificate or resulting from the failure of either party to fulfill its obligations shall be submitted to arbitration in accordance with the provisions of the Civil Code of Québec, the Code of Civil Procedure of Québec and the Consumer Protection Act. The arbitration, if required, must take place before an arbitrator appointed jointly by the parties, in the municipality governing the subject matter related to the property, or in any other municipality or district chosen by mutual agreement of all parties. The costs of the arbitration, excluding the fees of the Client’s representatives, shall be borne by each of the parties;
9.11 Territorial Scope of Warranty: The Certificate below applies exclusively to disputes arising in the Province of Quebec, falling within the jurisdiction of, and heard by, the judicial, quasi-judicial or administrative tribunals of the Province of Quebec. Sutton Secur assumes no responsibility for disputes that may result in judicial decisions that could only be enforced outside the Province of Quebec (or Canada);
9.12 Limitation Period: Any action arising out of this certificate shall be barred after three (3) years from the event giving rise to such action;
9.13 Transfer of Coverage: In the event of the death or transfer of the Sutton Secur Customer between the Buyer or Seller of their interest in this Certificate, coverage will continue to be effective for the benefit of the remaining Sutton Secur heir or customer;
9.14 Cancellation of the contract: Sutton Secur may cancel this contract due to fraud or misrepresentation of facts. The effective date of a cancellation for fraud or misrepresentation of facts is at the discretion of Sutton Secur.
For any assistant or to open a file in a Concerned Litigation and according to the terms and conditions set forth in section 5 of this contract, call 514.558.8774 or write to firstname.lastname@example.org.
Customer must provide, in support of his request, all necessary information and evidence and collaborate without reservation with Sutton Secur or the law firm designated by Sutton Secur.
11. COMING INTO FORCE
This agreement comes into force on the date the certificate is issued.