Surinder Pal Gill (“S. Gill”), contrary to sections 20.1(1)(b) and 21(2)(a) of the Homeowner Protection Act (the "Act"), regarding a new home in Langley, B.C. (the "New Home"), for which an Owner Builder Authorization ("OBA") had been issued, sold the New Home on, or about, October 22, 2012, within the 12-month time period after the New Home was built, and failed to provide the purchaser 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 September 25, 2013, the HPO issued Compliance Order 13-0040 to S. Gill, directing that S. Gill:
- Immediately, register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act;
- Provide the HPO with proof that the New Home is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act; or
- Immediately, register a personal interest in the Property under a lease with a term of at least 15 years, or have a portion of the interest of the Property transferred back to S. Gill, to meet the requirements of HPO Owner Builder Authorization (“OBA”) #80847 which was issued on March 07, 2011.
S. Gill was ordered to comply with Compliance Order 13-0040 by October 25, 2013. Complied.