On August 5, 2014, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Gurwinder Dhaliwal (“G. Dhaliwal”) and Onkar Dhaliwal (“O. Dhaliwal”) (together, the “Dhaliwals”), jointly and severally, were issued a monetary penalty in the daily amount of $70 to a maximum of $2,100, for each day that passes until the demands contained in Compliance Order 14-0009 have been satisfied. This Monetary Penalty was issued for the following reasons:
- The Dhaliwals have failed to comply with Compliance Order 14-0009 ( “CO”) issued by the Homeowner Protection Office (“HPO”) on February 11, 2014. The date for complying with the CO was March 14, 2014. The failure of the Dhaliwals to comply with the CO makes the Dhaliwals subject to a monetary penalty pursuant to s. 28.3(1)(b) of the Act;
- The Dhaliwals contravened s. 21(2)(a) of the Act regarding a new home in Surrey, B.C. (the “New Home”), for which an Owner Builder Authorization had been issued, failed to provide the purchasers of the New Home with a Disclosure Notice, in a form satisfactory to the HPO Registrar, stating among other facts, whether or not the New Home was covered by home warranty insurance;
- The CO directed the Dhaliwals to immediately obtain a Disclosure Notice from the HPO for the New Home pursuant to section 21(2)(a) of the Act, once the Disclosure Notice is obtained, provide the HPO evidence that they have in fact provided this Disclosure Notice to the purchasers of the New Home pursuant to section 21(2)(a) of the Act, 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 New Home and the respective Property Disclosure Statement contained within, along with the names and contact information of the Real Estate Licensees who participated in the sale of the New Home; and
- The Dhaliwals failed to comply with the CO by the requested compliance date.