Bonding · Excess deposits

Excess deposit bonds. Put condo deposits to work before closing.

Tarion protects the first $20,000 of a condo buyer’s deposit. Everything above that stays in trust until the declarant posts prescribed security. Send the project and a surety underwriter reviews the deposit program.

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The 60-second version

What you need to know before you call the client back.

Three answers for the broker with a client on the other line. The full guide is below for when you have ten minutes.

What it is

Security that lets a condo declarant release purchaser deposits above the Tarion-protected amount from trust, usually to fund construction.

When your client needs one

When a condo project collects deposits above $20,000 per unit and the declarant or lender wants those funds available before closing.

What you send

The project pro forma, deposit structure, sales to date, lender terms, and the declarant's financials.

The full guide

The broker's guide to excess deposit security.

The trust rule

Under section 81 of the Condominium Act, 1998, a prescribed trustee or the declarant's solicitor must hold all deposits and sale proceeds for a proposed unit in trust. The money can leave trust once the declarant provides security of a prescribed class (s.81(7)). Interest is still owed to the buyer.

What counts as prescribed security

ClassRule
Deposit insurance policyO. Reg. 48/01 s.20(2) and s.21: a policy against loss of deposits plus interest
Tarion deposit receiptO. Reg. 48/01 s.22: covers $20,000; anything above the receipt limit stays under s.81

So the deposit above $20,000 per unit needs either trust or a qualifying deposit insurance policy.

Terms the policy must carry

  • The declarant pays the premium and cannot pass it to the buyer.
  • The insurer stays liable even if premium is unpaid or the declarant breaches the policy.
  • The insurer pays within 60 days once the buyer's right to payment is established.
  • Coverage runs until the deed is delivered, the deposit is refunded or another listed event.
  • Any term that cuts the buyer's rights is void.

What underwriters look at

  • Presales, deposit structure and total deposits to be released.
  • Construction financing and the lender's view on deposit use.
  • The declarant's equity, financials and condo track record.
  • Tarion standing and HCRA licence.
  • Indemnity from the declarant and its owners.

What to send

What to send for excess deposit security.

Underwriters move fast on files that give them what they need and slow on files that make them chase. Send the package below to submit@approvedcasualty.com or through the bond request form, and put the date the obligee needs the bond in the first line.

  1. 01
    Project pro forma

    Budget, units, pricing and timeline.

  2. 02
    Deposit structure

    Deposit schedule per unit and total expected above $20,000.

  3. 03
    Sales report

    Units sold and deposits collected to date.

  4. 04
    Financing

    Term sheet or commitment from the construction lender.

  5. 05
    Financial statements

    Declarant and related companies.

  6. 06
    Track record

    Condo projects completed and Tarion history.

The 60-second fit check

If the file clears all five, send it today.

  • The project is an Ontario condominium.
  • Deposits exceed $20,000 per unit.
  • You have a sales report and deposit schedule.
  • The construction lender is known.
  • The owners will sign an indemnity.

Every bond is subject to underwriting. Capacity, terms and premium are set from the file. Nothing on this page is a commitment to issue a bond.

Underwriter's desk with a navy folder, a financial statement, a government form on a clipboard and a calculator

Where the work is

Ontario notes.

Ontario condos

These rules come from the Ontario Condominium Act and O. Reg. 48/01.

Tarion first

The first $20,000 per unit is covered by Tarion deposit protection.

Freehold

Freehold deposits follow different Tarion limits. See Tarion bonds.

Approved places surety across Canada outside Quebec. Western Canada surety files are handled by Surwest Surety Source.

Broker FAQ

The questions brokers ask on the first call.

Not covered here? Call 1-877-495-8777 and ask for the surety desk.

What is an excess deposit?

The part of a condo buyer's deposit above the $20,000 Tarion protects.

Why do declarants secure excess deposits?

To release those funds from trust before closing, often to help fund construction.

What security does Ontario accept?

A deposit insurance policy that meets O. Reg. 48/01 s.21. Tarion deposit receipts cover only the first $20,000.

Who pays the premium?

The declarant. The regulation bars passing it to the buyer.

Is interest still owed to buyers?

Yes. Security does not remove the interest obligation.

Does Approved write this for every project?

No. Every project is subject to underwriting.

From the blog

Surety articles for brokers.

Next step

Have a client who needs a bond? Send the requirement.

Use the bond request form below, email the package to submit@approvedcasualty.com, or call and ask for the surety desk. A surety underwriter reviews every request and comes back with next steps or questions.

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