Jasleen Kaur Hare (“J. Hare”) and Kuldeep Kaur Hare (“K. Hare”) (together, “the Hares”), contrary to sections 20.1(1)(a) and 21(2)(b) of the Homeowner Protection Act (the “Act”), regarding a new home in Richmond, B.C. (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, sold the New Home while the New Home was being constructed, and failed to provide the purchasers of the New Home with a disclosure notice, in a form satisfactory to the Homeowner Protection Office (“HPO”) Registrar, stating among other facts, whether or not the New Home was covered by home warranty insurance. On January 20, 2015, the HPO Registrar suspended the OBA for the New Home. On March 4, 2015, the HPO issued Compliance Order 15-0004 to the Hares directing that the Hares:
- Immediately provide the HPO with proof that the OBA issued to J. Hare for the New Home is in good standing; or
- become an HPO Licensed Residential Builder (“LRB”) pursuant to section 14(1) of the Act, and register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to 22(1) of the Act; or
- provide the HPO with proof that the New Home was built by an HPO LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act.
The Hares were directed to comply with Compliance Order 15-0004 by April 3, 2015.