Mustak Ahmed Gani Buksh (“Buksh”), contrary to section 22(1.1) of the Homeowner Protection Act (the “Act”), offered for sale a new home in Chilliwack, BC (the “New Home”), between the dates of January 30, 2013 and June 25, 2013, without the New Home being covered with a policy of home warranty insurance pursuant to section 22 of the Act. On June 25, 2013, the Homeowner Protection Office (“HPO”) issued Compliance Order 13-0029 to Buksh directing that Buksh:
- immediately cease the offering for sale, marketing, completion of any Purchase/Sale Agreement that may already be in place, or may come into place, and/or the actual sale of the New Home;
- provide the HPO evidence of the sale offering cancellation for the New Home, or in the case of a Purchase and Sale Agreement for the New Home already being in place, proof that the Purchase and Sale Agreement will not become a legally binding contract until such time as the Act and the Homeowner Protection Act Regulation are complied with; and
- prior to renewing any marketing efforts and/or offering of the New Home for sale, or in the case of a Purchase and Sale Agreement already being in place for the property containing the New Home, prior to selling the New Home:
e) ensure the New Home is enrolled with a policy of home warranty insurance pursuant to section 22 of the Act; or
f) be granted a permission by the registrar of the HPO, pursuant to section 22(1.2) of the Act, authorizing Buksh, or anyone else, to sell, or offer to sell, the New Home despite the requirements of section 22 (1.1) of the Act.