On January 16, 2013, Gurmit Singh Uppal (“G. Uppal”) and Jagdish Kaur Uppal (“J. Uppal”) (together, the “Uppals”) were issued a monetary penalty, jointly and severally, in the single amount of $400. This monetary penalty was issued for the following reasons:
- The Uppals, contrary to s. 21(2)(a) of the Homeowner Protection Act (the “Act”), regarding a new home in Surrey, B.C., (the "New Home") for which an Owner Builder Authorization had been issued, sold the New Home on, or about, May 31, 2012, without providing the prospective purchasers of the New Home, prior to the sale of the New Home, a disclosure notice in a form satisfactory to the Homeowner Protection Officer Registrar stating, among other information, whether or not the New Home was covered by a policy of home warranty insurance;
- The contravention of s. 21(2)(a) makes the Uppals subject to a monetary penalty pursuant to s. 28.3(1)(a) of the Act and s. 20.1(2)(e) of the Homeowner Protection Act Regulation(the “Regulations”); and
- J. Uppal contravened s. 21(2)(a) of the Act by virtue of s. 85(1)(b) of the Offence Act, RSBC 1996, c. 338.