The Public Assistance Department

Are you experiencing or have you experienced a problem with your real estate transaction? You may file a complaint if a real estate agency or broker is involved by submitting a request for assistance.

The Public Assistance Department is among the protection mechanisms provided under the Real Estate Brokerage Act. It is this Department that will receive and review your complaint. Each request is taken seriously, and every effort is made to help you.

If you encounter a problem during a transaction, it is better to discuss it quickly with your broker. You can also contact his agency executive officer who is responsible for ensuring that the agency brokers comply with their duties and obligations. If the problem persists, file your assistance request.

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. 

Need help? Don’t hesitate to contact the Info OACIQ agents; they can help you complete your request.

 

1. After submitting your request, including all relevant documents, an analyst from the Public Assistance Department will be assigned to your file.

2. He will review your request and then contact you. Based on the nature of your request and the documents you submitted, he will determine with you which protection mechanism is most appropriate. He could also close the file if the required actions have been taken, if the problem does not fall within the competence of the OACIQ or if the alleged facts do not require an investigation

3. In all cases, you will be informed in writing of the outcome of his analysis.

The submission of a Request for assistance does not have the effect of interrupting the legal period within which you are required to institute legal proceedings. This limitation period is usually three years, If you wish to assert your rights before civil courts, we suggest that you get in touch with a legal counsel who will be able to inform you about your rights and remedies and the time period you have to exercise them.

A broker's violation of ethical rules does not automatically result in monetary compensation for the consumer, but by informing us of any problem encountered during your transaction, you contribute to the protection of the public and enable the OACIQ to oversee real estate brokerage.

	Syndic The syndic investigates any alleged ethical violations to the Real Estate Brokerage Act and its regulations. Once an investigation has been completed, the Syndic will determine whether or not to file a complaint with the OACIQ Discipline Committee. If a broker commits an ethical fault, he may be brought before the Discipline Committee and, if found guilty, a penalty such as a fine, a licence suspension period or even a licence revocation may be imposed on him. More details on the Syndic
	Real Estate Indemnity Fund (FICI) This Fund offers protection to consumers who are victims of fraud, fraudulent (dishonest) tactics or misappropriation of funds committed by a real estate broker. The Indemnity Committee is responsible for deciding on the eligibility of your case. If you believe you have been a victim of such acts, complete section IX – Claim of the assistance request. More details on FICI
	Fonds d’assurance responsabilité professionnelle du courtage immobilier du Québec (FARCIQ) FARCIQ compensates consumers for the loss resulting from an unintentional fault, error or omission committed by real estate brokers or agencies during their professional activities. Some criteria must be met to determine whether professional liability can be incurred, and compensation paid. If you believe you have been a victim of such acts and wish to file a claim, visit the page of FARCIQ and complete section IX – Claim of the assistance request. More details on FARCIQ
	Penal investigations The OACIQ may investigate to determine whether an individual or a company is carrying out brokerage activities illegally or leading others to believe that they are authorized to do so. In this case, criminal proceedings may be brought against this individual or company before the Court of Quebec. If so, note that you could be called to appear as a witness during a trial before the Court of Québec. If you encounter a problem during a transaction involving a company or a person who is not an OACIQ licence holder, you will not be able to file a claim with FARCIQ or FICI. More details on illegal practice