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FREQUENTLY ASKED QUESTIONS

Frequently Asked Questions

An innovative legal hedging program, the Sutton Secur Certificate covers up to $ 3,000 in legal fees if a dispute arises before, during or after the purchase or sale of a property. You benefit from the prompt, competent and courteous service of a pre-qualified real estate attorney.

Have questions? We have answers! Check out the most frequent questions and answers below to find all the info you need to make your moveworry free!

Have a question that remains unanswered? We’d love to hear from you! Just submit your question at the end of the page!

Sutton Secur is an innovative legal coverage program that protects you in case of a dispute or issue related to the purchase or sale of a residential property.

One Sutton Secur certificate covers you for up to $3,000 in legal fees should an issue or dispute arise. Your Sutton Secur certificate is valid for life for the vendor and buyer (or, in the case of a buyer, for as long as they continue to own the property covered by the certificate).

Once a request for legal assistance is made, an attorney is assigned to you immediately, and a legal strategy is put in place to bring the situation to resolution as effectively and affordably as possible.

As an innovative legal coverage program, Sutton Secur is unique on the marketplace.

Each certificate covers you for up to $3,000 of legal fees in the event of a dispute or an issue related to the purchase or sale of a residential property.

You will benefit from fast, courteous service and the assistance of a qualified real estate attorney who can help you resolve the dispute.

In summary, Sutton Secur offers:

  • Coverage of up to $3,000 in legal fees
  • Protects you before, during and after the transaction
  • Assistance from an attorney within 24 hours of making a request for legal help
  • Help from qualified real estate attorneys
  • A customer-centric approach based on efficient and cost-effective problem resolution
  • Certificate valid for life*

The Sutton Secur certificate offers coverage of up to $3,000 in legal fees for residential properties, for issues such as:

  • Hidden defects (infestation, cracked foundation, leaky roof, plumbing problem, mould, heating or cooling problem, electrical or wiring problem, suicide or violent death, criminal activity or links to organized crime)
  • A dispute or other issue with neighbours
  • Landlord and tenant matters
  • Problems relating to access to or limits of your property
  • Passation of title
  • Contractual issues
  • Refusal by contracting party
  • Financing related to the property
  • Environmental issues
  • Issues related to servitude
  • Recourse in warranty by one party against the other
  • Death of contracting party

Yes! In the case of a claim, a portion of this amount will be used to prepare and send a demand letter so you can rest easy in knowing you do not have to incur in any out-of-pocket expenses to send or respond to a demand letter.

Small Claims Court in Quebec hears cases for claims of $15,000 and under. If you are going to Small Claims Court for an issue related to the property covered by the Sutton Secur certificate, while an attorney cannot represent you during the hearing, an attorney can help you prepare your case and work with you to maximize the chances of a ruling in your favour. As part of your coverage, a Sutton Secur attorney can:

  • Help you understand your rights according to the law
  • Prepare and send a demand letter
  • Draft an application to institute proceedings
  • Organize and prepare your evidence before the hearing
  • Research case law (jurisprudence) to assist you in arguing your case before the judge
  • Prepare you to be comfortable and at ease in the courtroom and to speak persuasively to the judge

Please note that while the above services are covered by the Sutton Secur certificate, coverage of other disbursements such as court fees are not included and are your responsibility.

No, the certificate only covers issues unknown and/or undisclosed at the time of purchase.

If you are buying a property, the certificate covers defects or issues that were unknown and/or undisclosed at the time of purchase.

If you are selling a property, the certificate covers defects or issues that were unknown to you. If the you choose not to disclose known defects to the buyer as required by law, issues related to those defects will not be covered by the certificate.

The Sutton Certificate covers the issues listed in question 3 for residential properties. There are four things not covered by the Sutton Secur certificate:

  • Commercial properties
  • Any property with 5 units and up (each unit requires a certificate)
  • Pre-existing conditions or defects they were or are known to one or both of the parties but were not disclosed prior to the purchase
  • Legal action taken against a Sutton broker

Once issued, the Sutton Secur certificate is valid for life, or in the case of a buyer, for as long as that buyer continues to own the property for which the certificate was issued.

During the validity of the certificate, you can make a request for legal assistance to Sutton Secur for any difficulty or dispute related to the property listed on the certificate. You will benefit from the full $3,000 in legal coverage at no cost to you.

Please note that a certificate is assigned to a specific client or clients and property, and is not transferable. As such, if the property changes owners, the certificate cannot be transferred.

Residential title insurance is an insurance policy that protects the homeowner or the lender, depending on the policy, against challenges to the “title”, or right to ownership of a property.

The policy provides coverage against losses due to title defects, title fraud, survey or problems with the title which prevent free and clear ownership such as rights of way, encroachments (from neighbouring properties), unpaid liens, etc.

In contrast, Sutton Secur is not a form of insurance and is not limited to issues related to the title. Sutton Secur offers coverage in the form of $3,000 in legal fees if assistance is needed to handle a dispute with a wide range of potential issues as listed in question 3.

Once a request for legal assistance is made using the online form available at

SuttonSecur.com/Assistance, a meeting will be scheduled between you and a Sutton Secur attorney. During that meeting, the attorney will gather and clarify the details of the situation and set out a plan of action to work toward a successful resolution of the problem.

Depending on the issue or dispute, a Sutton Secur attorney will assist by:

  • Sending a demand letter to the concerned party or responding to one you have received.
  • Negotiating with the other party with the aim of finding a speedy solution to the problem.
  • Assisting you in preparing for Small Claims Court as plaintiff or defendant if the amount if question is $15,000 or less
  • Assisting you when compensation for renovations or repairs is sought, attempting to resolve the matter out of court, or if necessary, take legal action.

Yes. Sutton Secur can be used in conjunction with other real estate insurance programs.

In the case that you are covered by another program, you can use the Sutton Secur certificate first for coverage of up to $3,000 of legal assistance. If further legal services are required beyond the amount covered by the certificate, a Sutton Secur attorney will continue working with you. You can then submit a claim to your insurance provider to cover the additional legal fees required to handle your file.

When a property is sold without legal warranty, whether its a succession sale, a foreclosure, or simply two parties who agree to complete the transfer of the property without legal warranty, a certificate may still be issued.

In the case where a property is sold without legal warranty, but the seller did not disclose known issues or defects, the buyer may still have legal recourse and the Sutton Secur certificate would be valid for assistance in taking legal action.

Additionally, in such as case, the certificate will cover issues such as disputes, conflicts, contractual issues, environmental issues, issues related to servitude and other aspects of the Sutton Secur coverage.

Your Sutton Secur certificate is valid for the duration of your relationship with your Sutton Quebec real estate broker until the transaction is concluded, at which time your coverage continues to protect you from any issues that may arise with related to the property you bought or sold, depending on your certificate.

In the case that the brokerage contract expires before the transaction is concluded, it will beed to be renewed with your Sutton Québec broker to be valid (or the transaction concluded).

Sutton Secur is powered by a network of experienced real estate attorneys committed to the highest standard of service, professionalism and transparency. Each attorney adheres to Sutton Secur’s specific protocols and terms of service, ensuring a client-centered approach to problem-resolution and an exceptional level of client satisfaction.

In the case of a request for assistance, Sutton Secur attorneys agree to cover $3,000 worth of legal fees at no cost to you and to work to settle the dispute in the most efficient and cost-effective manner possible. Should the legal intervention require more than $3,000, your assigned lawyer and you will agree on a budget and on a course of action to continue to work towards the resolution of the situation.

All attorneys in the Sutton Secur network are experienced in practicing real estate law in Quebec and members of the Québec Bar in good standing.

The Sutton Secur client promise is to offer rapid, hassle-free support in the resolution of real

estate disputes that may arise before, during or after the sale or purchase of a residential property. As members of the Sutton Secur network, attorneys abide by the Sutton Secur terms of service, operating in your best interest and with full transparency to settle the issue in most efficient and cost-effective manner.

In addition, attorneys in Quebec are bound by the Code of Professional Conduct of advocates (Code de déontologie des avocats) which obliges them to act within their moral duty and always serve their client’s best interests.

The rate which applies to the use of the coverage varies from $150 to $250 per hour, depending on the experience of the attorney and complexity of the matter.

Once the value of a Sutton Secur certificate is used up, should you require additional legal support, the attorney will continue working with you at a predetermined rate, varying from $150 to $250 per hour, depending on the experience of the attorney and complexity of the issue.

In order to avoid any surprises on your part, before doing any additional billable  legal work on the file, you will be required to sign a mandate authorizing the additional work and accepting the billable rate and terms of service.

Yes. A Sutton Secur certificate is valid for up to $3,000 and is not limited to one request for legal assistance. For example, in the case that you make a request for assistance and use $500, if you require legal assistance at a later date, you will still have access to the remaining $2500 of coverage for the duration of the validity of the certificate.

No. If you find yourself in a conflict with your Sutton broker, you may turn to the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) and/or the Fonds d’assurance responsabilité professionnelle du courtage immobilier du Québec (FARCIQ).

Sutton Secur certificates are offered compliments of your Sutton Quebec real estate broker. Your broker will be able to give you details on the program and issue you a certificate for the purchase or sale of a home.

In the event of an issue related to the transaction, simply fill out our online assistance request form at SuttonSecur.com/Assistance.

A Sutton Secur staff member will contact you within 24 hours to clarify the details of the issue and to schedule a meeting with an attorney. Your attorney will then create a plan of action

to bring about a successful resolution of the problem.

Sutton Secur is powered by a network of experienced real estate attorneys committed to the highest standard of service, professionalism and transparency. Each attorney adheres to Sutton Secur’s specific protocols and terms of service, ensuring a client-centered approach to problem-resolution and an exceptional level of client satisfaction.

In the case of a claim, Sutton Secur attorneys agree to offer $3,000 worth of legal services at no cost to you in order to settle the dispute in the most efficient and cost-effective manner possible. Should the legal intervention require more than $3,000, once that amount is exhausted, your assigned attorney and you will agree on a budget and course of action to continue to work towards the resolution of the situation.

All attorneys in the Sutton Secur network are experienced in practicing real estate law in Quebec and members of the Québec Bar in good standing.

HAVE A QUESTION YOU DON'T SEE AN ANSWER TO?

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