Qualification for Enrolment Application Forms
Once you decide you want to sell and/or build new homes, you must obtain approval to do so. In order to obtain approval, you must complete and submit a Qualification for Enrolment Application (QFE) through BuilderLink and provide the applicable supporting documents (see below) for review. For each QFE application, the vendor/builder will be required to provide their proposed construction plans for how many homes they plan to sell/build. Once your approved enrolment limits have been used, you will be required to submit further QFE applications for any additional homes you plan to sell/build.
Vendor Agreement
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.
Vendor Agreement (PDF)
Builder Agreement
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.
Builder Agreement (PDF)
Vendor & 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).
Vendor and Builder Agreement (PDF)
Guarantee & 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.
Guarantee and Indemnity (PDF)
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.
Personal Net Worth Statement (PDF)
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 underwriting@tarion.com along with the Application.
Condominium Project Profile Form (PDF)
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.
In the section below Forms for Purchase Agreements signed on/after February 1, 2021 please refer to the 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).
New Addenda Forms
Tarion and the Home Construction Regulatory Authority have developed an Addendum form for different types of new home purchases. It is the vendor’s obligation to ensure that every agreement of purchase and sale for a new home has the appropriate Addendum attached to it in accordance with the requirements set out in Regulations 892 and 165/08 to the Ontario New Home Warranties Plan Act.
What Addendum Forms Provide
Tarion and the Home Construction Regulatory Authority have developed an Addendum form for different types of new home purchases which among other things:
Provides advice and cautions to the purchaser about rights and obligation under the New Home Warranties and Protection Plan;- Has a Statement of Critical dates that clarifies when the home is expected to be ready for occupancy;
- Limits the vendor’s use of Early Termination Conditions in the purchase agreement;
- Discloses information about the status of development approvals and the status of construction so the purchaser can better assess the risk that a delay may occur;
- Has restrictions and processes for any delays that may occur;
- Provides for compensation to purchasers where a delay occurs in excess of permitted delay;
Sets an Outside Occupancy Date beyond which the purchaser has a right to terminate the transaction; and - Has summary sheets for closing costs and adjustments.
Forms for Purchase Agreements signed on/after February 1, 2021
New Addenda forms were approved as part of the recent changes to Regulation 165/08. Any purchase agreement signed on or after February 1, 2021 must use the new October 7, 2020 forms.
The October 7, 2020 forms referred to in Regulation 165/08 as amended are found here:
Apply to freehold homes and vacant land condominiums
Freehold – Tentative Closing (PDF)
Apply to freehold homes and vacant land condominiums
Freehold – Firm Closing (PDF)
Apply to standard condominiums
Condominium – Tentative Occupancy (PDF)
Apply to standard condominiums
Condominium – Firm Occupancy (PDF)
Apply to common element condominiums
POTLS – Tentative Occupancy (PDF)
Apply to common element condominiums
POTLS – Firm Occupancy (PDF)
Terms of Use
The vendor’s use of the Addenda forms shall be subject to the following requirements and terms of use. The vendor shall be responsible for the following requirements and terms of use.
- The source document shall be in the forms supplied by Tarion on its website - tarion.com.
- The vendor/user shall not amend or alter the format, logos or text of the Addendum, other than filling in blanks or fields, checkmarks, dates, addresses, names or other text or additions contemplated by such blanks or fields with accurate information.
- The Addendum is to be retained as a separately identifiable document. The Addendum shall be attached to, and forms part of, the agreement of purchase and sale. For example, the Addendum cannot be split up nor can provisions be distributed in other parts of the agreement of purchase and sale
- Except as noted in paragraphs 2 and 3 above, the vendor/user shall not modify or amend the Addendum in any way and shall not create any derivative works that incorporate or make use of the Addendum, in whole or in part, without the express prior written consent of Tarion.
- The vendor/user shall be responsible for any improper changes whatsoever made to the Addendum and the accuracy and sufficiency of the information inserted in the Addendum.
- The Addendum template may be changed from time to time by Tarion, and Tarion’s sole obligation to advise the vendor/user is to send an advisory to the new home building industry and post the new forms on its website at least 30 days prior to introduction of a new template.
For more information, please see the following Registrar Bulletins:
Registrar Bulletin 06-F Delayed Closing Warranty – Freehold
Registrar Bulletin 06-C Delayed Occupancy Warranty - Condominium
Registrar Bulletin 06-P Delayed Closing Warranty - POTLs
Pre-Delivery Inspection Forms
A pre-delivery inspection (PDI) is mandatory for all new homes enrolled with Tarion. The main purpose of the PDI is to document the condition of the home prior to possession or occupancy. The PDI is also an opportunity to acquaint your customer with their new home; review home maintenance procedures; discuss the warranty process and next steps for addressing items that require attention; and reinforce the positive relationship you have built with them.
Pre-Delivery Inspection (PDI) Form
The PDI Form is designed to capture deficiencies in the home at the time of possession, including items inside and outside the home that are incomplete, damaged, missing, or not operational, or items that cannot be assessed because they are obscured from view or are inaccessible.
You have the option to use Tarion's standard Pre-Delivery Inspection Form or your own PDI Form (provided it contains, at minimum, all of the information that is contained in Tarion's form).
The completed PDI Form is a formal record of the home’s condition before the purchaser takes possession. It will be used as a reference for future warranty service requests. Be sure to complete the PDI Form clearly and ensure that the purchaser signs and initials any and all changes.
Appointment for Designate for the Pre-Delivery Inspection form
Purchasers who wish to send a designate in their place should complete Tarion’s Appointment of Designate for the Pre-Delivery Inspection Form and provide a copy to you before or at the PDI. This form authorizes the designate to sign and deliver documents on the purchaser’s behalf.
You may conduct a PDI without the purchaser present if you have made best efforts to arrange the inspection but neither the purchaser nor a designate can attend. Your best effort should include:
- Contacting the purchaser well in advance to set up a mutually convenient time;
- Providing the purchaser with a few reasonable choices of date and time; and
- Explaining to the purchaser that he/she can send a designate instead of attending personally.
If you conduct a PDI without the purchaser present, you should make note of this on the PDI Form as well as the Certificate of Completion and Possession.