633627 Alberta Ltd. (“633627 AL”), Dorrie Ann Morrow (“D.A. Morrow”) and David Morrow (“D. Morrow”), contrary to section 22(1) of the Homeowner Protection Act (the “Act”), built or caused to have built a new home in Eagle Bay, B.C. (the “New Home”), between the period of, or about, October 2015 and July 2016, without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On May 31, 2018, BCH issued Compliance Order 18-0038 to 633627 AL, D.A. Morrow and D. Morrow directing that 633627 AL, D.A. Morrow and D. Morrow:
- prior to offering the New Home for sale, or in the case of a Purchase and Sale Agreement already being in place for the New Home, prior to selling the New Home and the property (the “Property”), 633627 AL, D.A. Morrow and D. Morrow must:
- ensure the New Home is enrolled with a policy of HWI pursuant to section 22(1) of the Act; or
- be granted a permission by the Registrar, pursuant to section 22(1.2) of the Act, authorizing 633627 AL to sell, or offer to sell, the New Home despite the requirements of section 22(1.1) of the Act; and
- Until such time as the New Home is in compliance with the Act and the Homeowner Protection Act Regulation (the “Regulations”), any offer to sell the New Home, or actual transfer of title of the Property by 633627 AL, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Home has been granted by the Registrar under section 22(1.2) of the Act.
633627 AL, D.A. Morrow and D. Morrow were ordered to comply with Compliance Order 18-0038 by June 22, 2018.