Nirmal Singh Punia (“N. Punia”) and Gurdeep Kaur Punia (“G. Punia”)(together, the “Punias”), contrary to section 21(2)(a) of the Homeowner Protection Act (the “Act”), regarding a new home in Surrey, B.C. (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, sold the New Home on, or around, March 8, 2012, without providing the purchasers of the New Home with a Disclosure Notice, in a form satisfactory to the Homeowner Protection Office (the “HPO”) registrar, stating, among other facts, whether or not the New Home is covered by home warranty insurance. On March 13, 2014, the HPO issued Compliance Order 14-0022 to the Punias directing that the Punias:
- Immediately obtain a Disclosure Notice from the HPO for the New Home pursuant to section 21(2)(a) of the Act;
- Once the Punias obtain the Disclosure Notice referred above,
- provide the HPO evidence that they have in fact provided this Disclosure Notice for the New Home to the purchasers of the New Home pursuant to section 21(2)(a) of the Act;
- return a signed copy of the Disclosure Notice for the New Home to the HPO; and
- Provide the HPO with a copy of the Purchase/Sale Agreement that was in place for the sale of the New Home and the respective Property Disclosure Statement contained within.
The Punias were directed to comply with Compliance Order 14-0022 by April 18, 2014.