Gregg Allen Kikkert (“G. Kikkert”) and Natasha Kathleen Kikkert (“N. Kikkert”)(together, the “Kikkerts”), contrary to section 21(2)(a) of the Homeowner Protection Act (the “Act”), regarding a new home in Chilliwack, B.C. (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, sold the New Home on, or around, December 14, 2010, without providing the purchasers of the New Home with a Disclosure Notice, in a form satisfactory to the Homeowner Protection Office (the “HPO”) registrar, stating, among other facts, whether or not the New Home is covered by home warranty insurance. On January 28, 2014, the HPO issued Compliance Order 14-0007 to the Kikkerts directing that the Kikkerts:
- Immediately obtain a Disclosure Notice from the HPO for the New Home, pursuant to section 21(2)(a) of the Act;
- Once the Kikkerts obtain the Disclosure Notice referred above,
- a. provide the HPO evidence that they have in fact provided this Disclosure Notice for the New Home to the purchasers of the New Home, pursuant to section 21(2)(a) of the Act;
- b. Return a signed copy of the Disclosure Notice for the New Home to the HPO; and
- Provide the HPO with a copy of the Purchase/Sale Agreement that was in place for the sale of the Property and the respective Property Disclosure Statement contained within.
The Kikkerts were directed to comply with Compliance Order 14-0007 by February 28, 2014.