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www.farciq.com
Fonds d'assurance responsabilité professionnelle
du courtage immobilier du Québec
22
Profession Broker February 2013
23
Profession Broker February 2013
ms. lemieux has been working
within
multi-Prêts mortgages
, one
of the largest mortgage agencies in Quebec,
for more than 16 years. Since last December,
she has been involved with the claims and pre-
vention committee of the Fonds d'assurance
responsabilité professionnel du courtage im-
mobilier du Québec (FARCIQ), to represent
the interests of some 450 mortgage brokers
and agencies in Quebec*. (
See note below
)
"Mortgage brokers face many professional challenges in a field
where changes are frequent and numerous, and where competitive-
ness plays a major part", explains Ms. Lemieux.
The mortgage brokerage professionals must, among other things,
constantly adapt themselves to the new measures taken particularly
by the government and accredited lenders in order to properly
advise their clients and help them get the best mortgage product.
Remember that the professional liability insurance offers a protec-
tion against mistakes, errors and omissions, and has been manda-
tory for all real estate brokerage licence holders in Quebec since
2006. The role of the FARCIQ is fundamental in providing an ade-
quate insurance coverage and an effective service to protect the in-
sured brokers in the performance of their duties.
Although the current insurance policy coverage meets the needs of
mortgage brokers adequately, the committee of claims and preven-
tion is constantly working to improve real estate professional prac-
tices related to insurance, prevention, communication and training.
By being cautious and vigilant, mortgage brokers can help reduce
professional liability claim risks. Here are three examples of com-
mon errors and the good practice to adopt to avoid a lawsuit.
Professional liability and
mortgage brokers
Interview with Ms. Christine Lemieux Senior Manager and
Assistant Vice-President of Sales at
Three types of common errors committed by mortgage brokers,
Three golden rules to put into practice
Type of error
Golden rule to put into practice to reduce
claim risks
Miscalculating penalty
when refinancing a
property
Respect your field of expertise. Mention to your
clients that they must contact a qualified profes-
sional to answer questions that are beyond your
field of competence.
Incorrect information
regarding Home
Buyers' Plan (HBP)
Do not take any risks, inform your clients by means
of real facts or written decisions. Avoid confirming
an approval or refusal for the client before an offi-
cial confirmation. You must always validate infor-
mation and carry out the necessary verifications
with the financial institutions concerned.
Incorrect information
concerning the
processing times
of applications
Inform in advance your clients and stakeholders of
processing times should they exceed what was ini-
tially indicated in the Promise to purchase.
The FARCIQ has been given a new look!
The
Fonds d'assurance responsabilité professionnelle du courtage immo-
bilier du Québec (FARCIQ) has a new more modern and dynamic visual
identity, which reflects the Organization's vision. The new corporate
image comes as a result of a strategic reflection and a communication
plan aimed at bringing us closer to our clientele and to the reality of real
estate professionals.
The new logo represents the new philosophy of the Fund, now oriented
towards prevention, which is at the core of the Organization's communi-
cation actions.
The colour palette and typefaces chosen illustrate the relationship that
exists between the FARCIQ and the OACIQ. The letter "I" represents the
individual while the umbrella-shaped curve refers to the protection offe-
red by the FARCIQ.
For more information about the FARCIQ, please check our website at
www.farciq.com
.
*According to the statistics of the OACIQ, excluding hundreds of licence holders who
practice both real estate and mortgage brokerage.
23
Profession Courtier Décembre 2012
Area of a condo
How to avoid
this mistake
The broker must be vigilant when
it comes to area. The net living area
is very different from the gross total
area
, which includes common spaces
and outside walls and partitions.
In the majority of cases, you
must always validate and use
the dimensions on the up-to-date
certificate of location before
indicating the net living area in the
description sheet of the property.
Tip of a Pro
Do the required checks not just
once but twice. To do so, make
sure you check and fully understand
the certificate of location in order
to enter the correct dimensions
in your documents. Pay a particular
attention when converting square
meters (m
2
) to square feet (ft
2
).
An error of inattention may have
major consequences.
impact
Don't forget that this type of error
has consequences for the broker.
If you are held responsible and
compensation is paid to claimant,
you must pay a deductible. Also note
that a lawsuit filed with courts has
an impact on your personal credit
report for as long as the dispute lasts,
without taking into account the
waste of time that this entails.
In all cases, prevention is better
than cure.
for sal
e
Good news, I've just
bought a condo!
You want to come
and visit it?
Of course,
I'm coming.
Isn't it a bit small for a condo?
Not sure, the broker told me that
it was an area of 1,200 square feet,
but it's more like 900 sq.ft.
He must be wrong?!?
I sold a condo, but instead of indicating
the living area, I entered
the condo's gross total area.
The client has just sent me a claim.
Send us
your documents
so we can
start analyzing
your case.
filing
a
claim
You should make a claim to the broker!
You paid for a living area of 1,200 sq. ft
while your condo is really smaller...
Welcome to Fonds d'assurance responsabilité
professionnelle du courtage immobilier
du Québec (FARCIQ). How may I help you?
www.farciq.com
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