On December 22, 2016, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Kashmir Singh Gosal (“K. Gosal”) and Sarabjit Kaur Gosal (“S. Gosal”) (together, “the Gosals”), jointly and severally, were issued a monetary penalty in a daily amount of $240, to a maximum of $7,200, for each day that passes until the demands contained in Compliance Order 15-0025 have been satisfied. This Monetary Penalty was issued for the following reasons:
- The Gosals, contrary to s. 20.1(1)(b) and s. 21(2)(a) of the Act, sold a new home in Surrey, B.C. (the “New Home”), for which an Owner Builder Authorization 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;
- The contraventions of the Act by the Gosals are the subject of Compliance Order 15-0025 (the “CO”) issued by a Compliance Investigator on July 30, 2015. The date for complying with the CO was August 28, 2015;
- The CO directed the Gosals 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 s. 22(1) of the Act; and
- The Gosals failed to comply with the CO by the requested compliance date.