Russel David Schartner (“R. Schartner”), contrary to section 22(1.1)(b) of the Homeowner Protection Act (the “Act”), sold a new home in Vernon, BC (the “New Home”), on, or about, November 2, 2016, without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On August 18, 2017, BC Housing (“BCH”) issued Compliance Order 17-0028 to R. Schartner directing that R. Schartner:
- immediately register the New Home for coverage by home warranty insurance provided by a warranty provider and ensure that a policy of home warranty insurance is issued for the New Home pursuant to section 22(1) of the Act;
- provide BCH Compliance Department with proof that the New Home was built by a Licensed Residential Builder and is enrolled in a policy of home warranty insurance pursuant to section 22(1) of the Act; or
- apply for, and be issued, an Owner Builder Authorization for the New Home on the property (the “Property”) pursuant section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation, obtain a Disclosure Notice from BCH for the New Home, and provide that Disclosure Notice to the purchasers of the New Home and the Property pursuant to section 21(2) of the Act.
R. Schartner was ordered to comply with Compliance Order 17-0028 by September 15, 2017.