0809151 BC Ltd (“0809151”) and Ricky Singh Brar (“Brar”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built or caused to have built, two new homes in Mission, B.C. (“New Home A” and New Home B”, together, the “New Homes”), sold New Home A and offered for sale New Home B, during the period of, or about, 2010 and 2012, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Homes being enrolled with a policy of home warranty insurance. On April 12, 2012, Compliance Order 12-0030 was issued by the HPO to 0809151 and Brar directing that 0809151 and Brar:
- cease the offering for sale and/or actual sale of New Home B and provide the HPO evidence that any sales offerings and sales agreements that have been entered into have been cancelled, until such time as New Home B is enrolled in a policy of home warranty insurance pursuant to section 22(1) of the Act;and 0809151 becomes an HPO LRB if 0809151 is selling New Home B as a new and never occupied home pursuant to section 14(1) of the Act, and
- enrol the New Homes with home warranty insurance pursuant to section 22(1) of the Act if 0809151 managed the construction of the New Homes; or
- provide the HPO with evidence to show who managed the construction of the New Homes if 0809151 did not manage the construction of the New Homes.
0809151 and Brar were directed to comply with Compliance Order 12-0030 by August 31, 2012.