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Request for assistance

The information on the form cannot be saved and will only be transmitted once all sections have been completed and submitted.

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Important

Before starting, make sure you have enough time to complete the form. To submit your request, you will need to detail the facts and the damage suffered, in addition to providing, among other things:

  • Information about you;
  • Information about the broker, agency, or person concerned by your request;
  • A digitized copy of all relevant documents, such as brokerage contract, declarations by the seller of the immovable, promise to purchase, annexes, documents describing the immovable, email exchanges, etc.;
  • The amount of your claim, if you are filing a claim, and the details of the damage.

The information entered on the form will be saved only when all sections have been completed and submitted.

SECTION I – IDENTIFICATION OF BROKER(S) OR PERSON(S) CONCERNED BY THE APPLICATION
BROKER OR PERSON CONCERNED #1
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SECTION II – INFORMATION ON THE TRANSACTION CONCERNED
Important dates
SECTION III – OTHER PERSONS CONCERNED OR WITNESSES
Are there any other persons or witnesses involved?
Person concerned or witness #1
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SECTION IV – STEPS TAKEN TO SOLVE YOUR PROBLEM
SECTION V – PARTICULARS OF THE REQUEST FOR ASSISTANCE

Give details of the reasons for your request for assistance which lead you to believe that a fault, error or offence has been committed. Give a chronological description of the events, indicate the date and place of the events and describe the damage caused.

The alleged facts must be proved by providing a copy of all relevant documents, such as:

  • Brokerage contract
  • Declarations by the seller of the immovable
  • Promise to purchase
  • Email and text message exchanges
  • Letters
  • Invoices
  • Photos
  • Other

Make sure you keep the originals of your documents.

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SECTION VI – IDENTIFICATION OF ASSISTANCE APPLICANT(S)
Applicant #1

You must provide your email address to receive a copy of your request for assistance


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SECTION VII – IDENTIFICATION OF THE PERSON(S) AFFECTED BY THE SITUATION
Identify the person(s) affected by the situation referred to in your request for assistance.
Person #1
Please provide the contact information of the person affected by the situation.
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SECTION VIII – DECLARATIONS

I certify that the information contained in this Request for assistance is complete and accurate. I undertake to fully cooperate with the OACIQ staff by providing, if applicable, additional information or documents that may be required.

I understand that my request and all the documents provided may be forwarded to the Fonds d'assurance responsabilité professionnelle du courtage immobilier du Québec (FARCIQ) and to the Fonds d'indemnisation du courtage immobilier (FICI) if the situation so requires.

I understand that my request does not have the effect of interrupting the legal period within which I am required to institute legal proceedings and assert my rights before civil courts. This limitation period is usually three years.

I understand that the OACIQ does not provide legal advice. The OACIQ suggests that I seek the help of a legal counsel who will be able to inform me about my rights and remedies.

I understand that I cannot withdraw my Request for assistance once it is sent to the OACIQ.

SECTION IX - CLAIM
FICI

The Real Estate Indemnity Fund offers free protection to consumers who deal with a broker or agency and who are victims of fraud, fraudulent tactics, or misappropriation of funds in the course of a transaction. The maximum amount of indemnity that can be paid is $100,000. If the facts occurred before May 10, 2018, the maximum amount of indemnity that can be paid is $35,000. Any claim must be filed within two years following knowledge of the alleged act.

FARCIQ

FARCIQ offers protection in case of unintentional fault, error or omission committed by policyholders, broker or agency, in the course of their professional activities. For one’s professional liability to be at stake, the following criteria must be met:

  • FAULT: an unintentional fault, error or omission was committed by an insured;
  • DAMAGE: a financial loss was sustained by the claimant; and
  • CAUSAL LINK: the financial loss was caused by the insured’s fault, error or omission.

Note that there are, however, various factors including defences that may influence the professional liability assessment. In addition, professional liability and ethics are quite distinct. Therefore, violating ethical rules does not necessarily result in monetary compensation. Please visit FARCIQ’s website at farciq.com.

See this tool to understand the difference between the two mechanisms.

Do you wish to make a claim?

You must prove the amounts you are claiming by attaching supporting documents such as schedules, documents describing the building, bids or estimates, invoices, e-mail exchanges, etc. Be sure to keep the originals of these supporting documents.

SECTION I - IDENTIFICATION OF CLAIMANT(S)
Claimant #1

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SECTION II - IDENTIFICATION OF LICENCE HOLDER(S) (BROKER(S) OR AGENCY(IES)) CONCERNED BY YOUR CLAIM
Licence holder #1

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SECTION III - IDENTIFICATION OF BROKER(S) CONCERNED BY YOUR CLAIM
Damage #1
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Total amount claimed ($)

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SECTION IV - STEPS TAKEN REGARDING YOUR CLAIM
SECTION V – CLAIM TO THE FICI OR THE FARCIQ

Please select one of the two options below.

CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

The OACIQ and FICI protect the privacy of information they collect in accordance with the applicable legislation and their personal information governance policies. The OACIQ and FICI may collect your personal information through this form, verbally, or through other documents submitted or to be submitted as part the processing of your request-claim. This personal information is necessary and will be used for the following purposes:

  • Verification of your identity.
  • Processing and analysis of your request-claim (e.g. its eligibility, review of the file and documents submitted, administrative processing).

Your personal information may be used by OACIQ staff members and committee members whose duties so require.

Your personal information contained, in particular, in your request-claim or its supporting documents will be disclosed to brokers and agencies concerned by your request-claim for the above-mentioned purposes.

In some cases prescribed by law, your personal information may be used for purposes other than those described above or disclosed to third parties without your consent.

Right of access and correction

Subject to certain reservations, the law authorizes you to access your personal information. You may request corrections to your personal information held by FICI if it is inaccurate, incomplete or equivocal, or if the collection, release or keeping of the information is not authorized by law.

A request for correction or access to your personal information may be filed with the OACIQ at the following address:

Person in charge of access to documents and protection of personal information
4905, boulevard Lapinière, bureau 2200
Brossard (Québec) J4Z 0G2
Telephone: 450-462-9800/1-800-440-7170, ext. 8314
Fax: 450-676-3513
Email: aiprp@oaciq.com

Consequences of refusal

The collection of your personal information is necessary to process your request-claim. In the event that you refuse or withdraw your consent to the collection, use, or disclosure of your personal information, the FICI will not be able to receive or process your request-claim.

Authorization and consent



Validity

This consent and authorization are valid for the length of time needed to achieve the purposes for which they were requested.

CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

The OACIQ and FARCIQ protect the privacy of information they collect in accordance with the applicable legislation and their personal information governance policies. The OACIQ and FARCIQ may collect your personal information through this form, verbally, or through other documents submitted or to be submitted as part the processing of your request-claim. This personal information is necessary and will be used for the following purposes:

  • Verification of your identity and the identity of the parties involved in a request-claim.
  • Processing, investigating and analyzing your request-claim (e.g. its eligibility, review of the file and documents submitted, administrative processing).

Your personal information may be used by OACIQ and FARCIQ staff and committee members whose duties so require. Where applicable, your personal information may be disclosed to and used by FARCIQ mandataries or service providers: a claims adjuster, an appraiser, an insurer or any other person or entity that may provide information for the processing, investigation and analysis of the claim (for example, municipal, civil and government authorities, financial or credit institutions).

Your personal information contained, in particular, in your request-claim or its supporting documents will be disclosed to the brokers and agencies involved in your request-claim for the above-mentioned purposes.

In some cases prescribed by law, your personal information may be used for purposes other than those described above or disclosed to third parties without your consent.

Right of access and correction

Subject to certain reservations, the law authorizes you to access your personal information. You may request corrections to your personal information held by FARCIQ if it is inaccurate, incomplete or equivocal, or if the collection, release or keeping of the information is not authorized by law.

A request for correction or access to your personal information may be filed with the OACIQ at the following address:

Person in charge of access to documents and protection of personal information
4905, boulevard Lapinière, bureau 2200
Brossard (Québec) J4Z 0G2
Telephone: 450-462-9800/1-800-440-7170, ext. 8314
Fax: 450-676-3513
Email: aiprp@oaciq.com

Consequences of refusal

The collection of your personal information is necessary to process your request-claim. In the event that you refuse or withdraw your consent to the collection, use, or disclosure of your personal information, FARCIQ will not be able to receive or process your request-claim (s. 9 of the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1)).

Authorization and consent



Validity

This consent and authorization are valid for the length of time needed to achieve the purposes for which they were requested.

SECTION VII – DECLARATIONS

I certify that the information contained in this Annex - Claim is complete and accurate. I undertake to fully cooperate with the OACIQ staff by providing, if applicable, additional information or documents that may be required.

I understand that my claim and all the documents provided may be forwarded to the Fonds d'assurance responsabilité professionnelle du courtage immobilier du Québec (FARCIQ) and to the Real Estate Indemnity Fund (FICI) if the situation so requires.

I understand that my claim does not have the effect of interrupting the legal period within which I am required to institute legal proceedings and assert my rights before civil courts. This limitation period is usually three years.

I understand that the OACIQ does not provide legal advice. The OACIQ suggests that I seek the help of a legal counsel who will be able to inform me about my rights and remedies.

SECTION X – SIGNATURE OF ASSISTANCE APPLICANT(S)

By checking this box, I agree, as an applicant, to submit this request for assistance.

We have received your request.
Rest assured that it will be assigned to an analyst, and we will follow up on it as soon as possible.
Visit the Public Assistance Department section to learn more about the next steps.