178 Developments Ltd. (“178DL”), Kevin Lieh Hua Hsu (“Hsu”), Regan Wong(“Wong”) and Louie For Yip (“Yip”), contrary to section 22(1.1)(a) of the Homeowner Protection Act (the “Act”), offered for sale a new home in Surrey, BC (the “New Home”), in or around, March 2014, without the New Home being covered with a policy of home warranty insurance pursuant to section 22 of the Act. On May 9, 2014, the Homeowner Protection Office (“HPO”) issued Compliance Order 14-0037 to 178DL, Hsu, Wong, and Yip directing that 178DL, Hsu, Wong, and Yip:
- immediately cease the offering for sale, marketing, completion of any Purchase/Sale Agreement that may be in place, or already is in place, and/ or actual sale of New Home;
- provide the HPO evidence, in the case of a Purchase and Sale Agreement for the New Home already being in place, 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
- cease all activities above and ensure that construction of the New Home does not continue, until such time as the New Home is enrolled in a policy of home warranty insurance pursuant to section 22(1) of the Act by an HPO Licensed Residential Builder.
178DL, Hsu, Wong, and Yip were directed to comply with Compliance Order 14-0037 by May 30, 2014. Complied.