Heather Wood (“Wood”), contrary to section 22(1.1) (b) of the Homeowner Protection Act (the “Act”), offered and/or/ marketed for sale a new home in Halfmoon Bay, BC (the “New Home), between the dates of April 7, 2012 and June 20, 2012, without the New Home being covered with a policy of home warranty insurance pursuant to section 22 of the Act. On November 1, 2012, the Homeowner Protection Office (“HPO”) issued Compliance Order 12-0047 to Wood directing that:
- the offering for sale, marketing, completion of any Purchase/Sale Agreement that may be in place, or already in place, and/ or actual sale of the New Home cease immediately,
- Wood provide the HPO evidence of the sale offering cancellation for the New Home, and
- prior to renewing any marketing efforts and/or offering the New Home for sale, or prior to selling the New Home, Wood must:
- a) ensure that the New Home is enrolled with a policy of home warranty insurance pursuant to section 22 of the Act; or in the case of an Owner Builder Authorization already being issued for the New Home pursuant to section 20 (1) of the Act and section 4.1 (2) of the Homeowner Protection Act Regulation (the “Regulations”), Wood must obtain a Disclosure Notice for the New Home;
- b) be granted a permission by the registrar of the HPO pursuant to section 22 (1.2) of the Act, authoring Wood to sell, or offer to sell, the New Home despite the requirements of section 22 (1.1) of the Act; or
- c) provide the HPO evidence that the New Home is no longer a residential dwelling unit and is no longer captured by the provisions of the Act and Regulations.
Wood was directed to comply with Compliance Order 12-0047 by November 30, 2012.