Gurwinder Dhaliwal (“G. Dhaliwal”) and Onkar Dhaliwal (“O. Dhaliwal”) (together, the “Dhaliwals”), contrary to section 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, failed to provide 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 was covered by home warranty insurance. On February 11, 2014, the HPO issued Compliance Order 14-0009 to the Dhaliwals directing that the Dhaliwals:
- immediately obtain a Disclosure Notice from the HPO for the New Home pursuant to section 21(2)(a) of the Act;
- once the Dhaliwals obtain the Disclosure Notice referred above,
- provide the HPO evidence that the Dhaliwals 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;
- 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.
The Dhaliwals were directed to comply with Compliance Order 14-0009 by March 14, 2014.