On January 17, 2017, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), John F. Jensen (“Jensen”) was issued a monetary penalty in a single amount of $7,700. This Monetary Penalty was issued for the following reasons:
- Jensen, contrary to s. 20.1(1)(b) and s. 21(2)(a) of the Act, sold a new home in Blind Bay, B.C. (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, without having occupied the New Home for the 12-month period after the New Home was built, and failed to provide the purchasers of the New Home with a disclosure notice, in a form satisfactory to the Registrar, stating, among other facts, whether or not the New Home is covered by home warranty insurance. On July 30, 2013, the OBA issued for the New Home was cancelled by the Registrar;
- The contraventions of the Act by Jensen are the subject of Compliance Order 14-0021 (the “CO”) issued by a Compliance Investigator on March 14, 2014. The date for complying with the CO was April 25, 2014;
- The CO directed Jensen to become a Licensed Residential Builder pursuant to s. 14(1) of the Act and register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to s. 22(1) of the Act; and
- Jensen failed to comply with the CO by the requested compliance date.