The Vendor Agreement sets out the obligations of the Vendor – the person who will be entering into sales of homes (land and dwelling) or agreeing to build a home on a person’s land under a construction contract. The Vendor is primarily liable for performance of the deemed statutory warranties provided by the vendor to homebuyers under the New Home Warranties Plan Act.
The Builder Agreement sets out the obligations of the Builder – the person who will be building homes under a contract either with a licensed vendor or with a consumer landowner wanting to have a contract home built on their land.
Vendor and Builder Agreement
The Vendor and Builder Agreement sets out in one document the obligations of the Vendor and of the Builder. This can be used where the person signing the document is either: i) a vendor who proposes to offer to sell, agree to sell or sell one or more new homes and is also the person who proposes to build such homes; or ii) a contract home builder who proposes to enter into a construction contract with an owner to build a new home (and as such is also a vendor).
Guarantee and Indemnity
The Guarantee and Indemnity is a binding contract between you and Tarion. By signing the Guarantee and Indemnity you agree to guarantee the payment and performance of a vendor/builder's obligations to Tarion for homes covered by the warranties.
Personal Net Worth Statement
An individual who signs a Guarantee and Indemnity is required to provide a Personal Net Worth Statement with supporting documentation. By signing the Personal Net Worth Statement, you declare that the information provided is true and correct.
Application for Qualification for Enrolment and/or Enrolment
If you are not registered on BuilderLink, you are required to print and manually complete an Application for Qualification for Enrolment and/or Enrolment for all homes you wish to build or sell. Submit the completed application to Tarion by email to firstname.lastname@example.org.
Condominium Project Profile Form
If you are proposing to build or sell a condominium project, you are required to submit a Condominium Project Profile Form with the Application for Qualification for Enrolment and/or Enrolment. If you are not registered on BuilderLink, you must print, manually complete, and submit the form by email to email@example.com along with the Application.
Deposit Trust Agreement - Freehold Project with Early Termination Conditions
This Deposit Trust Agreement applies if you are: (1) proposing to sell or build three or more freehold homes in a single location, either at the same time or consecutively, as a single coordinated undertaking; and (2) the purchase agreement for any of the homes includes an early termination condition premised on either or both of (i) the vendor reaching a specific sales threshold or (ii) the vendor receiving satisfactory financing to sell/build the home.
Refer to section 1 (c) of Schedule “A” in the following versions of the Addendum for more details: Freehold Form (Tentative Closing Date), Freehold Form (Firm Closing Date), Limited Use Freehold Form (Tentative Occupancy Date – POTL/CEC), Limited Use Freehold Form (Firm Occupancy Date – POTL/CEC).