1498338 Alberta Ltd. (“1498338 Ltd.”) and Mehdi (Terry) Sassaninejad (“Sassaninejad”), contrary to section 22(1.1)(b) of the Homeowner Protection Act (the “Act”), offered for sale a new home in Mara, BC (the “New Home”), without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On January 12, 2017, BC Housing (“BCH”) issued Compliance Order 17-001 to 1498338 Ltd. and Sassaninejad directing 1498338 Ltd. and Sassaninejad:
- immediately cease the offering for sale, marketing, completion of any Purchase/Sale Agreement that may already be in place, or may come into place, and/ or actual sale of the New Home;
- provide BCH Compliance Department evidence of the sale offering cancellation for the New Home, or in the case of a Purchase and Sale Agreement for the New Home already being in place, proof that the Purchase and Sale Agreement will not become a legally binding contract until such time as the Act and the Homeowner Protection Act Regulation are complied with, including compliance with this Compliance Order; and
- prior to renewing any marketing efforts and/or offering of the New Home for sale, 1498338 Ltd. and Sassaninejad must:
- ensure the New Home is enrolled with a policy of home warranty insurance pursuant to section 22 of the Act; or
- be granted a permission by the Registrar pursuant to section 22(1.2) of the Act, authorizing 1498338 Ltd., Sassaninejad, or anyone else, to sell, or offer to sell, the New Home despite the requirements of section 22 (1.1) of the Act.
1498338 Ltd. and Sassaninejad were directed to comply with Compliance Order 17-001 by February 03, 2017.