Duties and Obligations of the Broker
The practice of real estate and mortgage brokerage is regulated in order to ensure that members of the public are protected when engaging in a real estate transaction through a broker’s intermediary. The rules and conditions of practice governing the profession are set out in the Real Estate Brokerage Act, the Regulations thereunder and the Rules of Professional Ethics. Read this section to learn more about the duties and obligations of your broker.
The Indemnity Fund only covers brokerage transactions that are carried out through the intermediary of a broker or agency holding a licence issued by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ). The maximum compensation paid by the committee for each brokerage transaction for which a claim is made is $35,000 for reprehensible acts committed as of May 1, 2010, or $15,000 for acts committed prior to this date. By law, all brokers and agencies must hold a licence issued by the OACIQ. Otherwise, the intermediary who receives any compensation for brokerage services commits an illegal action and you will not be entitled to any recourse with the Fund should problems arise.
The Fonds d'indemnisation du courtage immobilier was created in 1985 to compensate the public in specific cases involving the liability of a real estate broker or agent.
Before filing your claim, you must make sure that your situation meets the main admissibility criteria.