Earn 1% cashback when buying your home with Home Trail. Review full terms and conditions to learn eligibility, exclusions, and key details before participating in this offer.
Effective Date: March 1st, 2025
These Terms and Conditions (“Agreement”) govern the exclusive 1% Buyer Cashback Offer (“Offer”) available only through Home Trail’s authorized and affiliated agents/representatives. By participating in this Offer, the buyer (“Buyer” or “You”) agrees to comply with these Terms and Conditions.
1. Eligibility Criteria
Eligible Purchases: The Offer is valid only for the purchase of residential properties within Ontario, Canada, transacted through Home Trail’s authorized and affiliated agents/representatives.
Purchase Price Requirement: The Offer is available only to purchases with a purchase price equal to or greater than $700,000 CAD.
Agent Requirement:
The Buyer must work with a current, licensed real estate agent affiliated with Home Trail.
The co-operating brokerage commission payable to the Buyer’s agent must be at least 2.5% of the final sale price, as disclosed on the MLS listing or agreed in writing.
Ineligibility:
If the Buyer chooses not to work with a Home Trail-affiliated agent or if their agent is not part of Home Trail, this Offer is void.
The Offer excludes properties purchased via auction, foreclosure, or private sale.
2. Offer Details
Cashback Amount: The Buyer will receive 1% of the final purchase price as cashback, up to a maximum of $15,000 CAD.
Timing of Cashback: Cashback will be disbursed within 30 business days after the successful closing of the transaction, provided all conditions have been met.
Non-Transferability: Cashback is non-transferable and is available only to the Buyer named in the purchase agreement.
Use of Cashback: The cashback is for the Buyer’s discretionary use once received. It is not redeemable in advance, not applicable to the down payment, and not credited toward the purchase price or closing costs.
3. Closing and Conditions
Successful Closing: The Offer is contingent on a successful closing of the transaction in full accordance with the signed sales agreement.
Failure to Close: If the transaction does not close due to financing issues, cancellation, or unmet conditions, the Buyer will not receive the cashback.
Contingency Conditions: Cashback is void if any contractual contingencies (e.g., financing or legal) are not satisfied by the closing date.
Verification Rights: Home Trail reserves the right to verify purchase price, closing date, and commission structures before issuing the cashback.
4. Agent and Brokerage Responsibilities
Regulatory Compliance: Home Trail-affiliated agents will act in compliance with RECO regulations and applicable Ontario real estate laws.
Commission Structure: Buyer’s agent will receive the agreed-upon commission as per their agreement with the Buyer. This does not affect the cashback unless otherwise stated in writing.
Non-Interference Clause: This Offer does not alter the Buyer’s existing agreement with their agent or the agent’s compensation.
5. Offer Exclusions and Limitations
Property Types Excluded:
Auctions
Foreclosures
Private sales
Non-Combinability: This Offer cannot be combined with other promotions or discounts unless explicitly stated in writing within the agreement to purchase and sale.
Tax Responsibility: The Buyer acknowledges that cashback may be considered taxable income. It is the Buyer’s responsibility to consult a tax professional regarding potential implications.
Fraud or Breach: Home Trail reserves the right to deny or revoke the Offer in the event of fraud, misrepresentation, or breach of these terms.
6. Payment of Cashback
Designated Payment Agent: The 1% cashback will be provided by a designated agent on the Home Trail team, affiliated with Save Max Real Estate Inc., Brokerage, within 30 business days following a successful closing. This agent will be identified in writing before or at the time of the Buyer Representation Agreement.
No Brokerage Liability:
This Offer is not an offer or obligation of Save Max Real Estate Inc., Brokerage.
Save Max Real Estate Inc., Brokerage is not responsible for the creation, marketing, administration, or fulfillment of the cashback.
Any disputes or concerns relating to the cashback must be addressed solely to the designated Home Trail Team agent, and not the brokerage.
Separate from Purchase Price: The cashback is separate from the purchase price and is not to be deducted from the home’s sale price, deposits, or closing costs.
7. Privacy and Confidentiality
Data Use: The Buyer consents to Home Trail collecting and using relevant personal and transactional information to administer the Offer and meet regulatory obligations.
Confidentiality Assurance: Home Trail and its representatives will comply with all privacy laws, including PIPEDA, in handling personal information.
Agent Obligations: The Buyer’s agent must also uphold confidentiality as per Ontario real estate regulations.
8. Modification and Termination of Offer
Right to Modify: Home Trail may modify, extend, or terminate this Offer at any time, with or without notice, at its sole discretion.
Termination for Breach: If any party violates these terms, Home Trail reserves the right to terminate the Offer and withhold cashback.
9. Dispute Resolution
Jurisdiction: These terms are governed by the laws of Ontario, and all disputes are subject to Ontario court jurisdiction.
Mediation & Arbitration: Parties agree to first attempt mediation, and if unsuccessful, proceed to binding arbitration in accordance with Ontario law.
10. Indemnity and Liability
Indemnification: The Buyer agrees to indemnify Home Trail, its affiliates, and agents against any claims or damages related to their participation in the Offer.
Limited Liability: Home Trail is not liable for transactional errors, delays, or administrative oversights. Any such liability is limited to the value of the marketing services provided, not the cashback amount.
11. Miscellaneous Provisions
Severability: If any part of this Agreement is deemed unenforceable, the remainder shall remain valid and enforceable.
Entire Agreement: These Terms represent the complete agreement between the Buyer and Home Trail regarding this Offer and override any prior written or oral representations.
Electronic Communication: The Buyer agrees that electronic communications and signatures are binding and acceptable for the purposes of this Offer.
