Enforcement Action: Monetary PenaltyIssue Date: March 13, 2012
On March 13, 2012, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act (the “Act”), and s. 20.1(2)(e) of the Homeowner Protection Act Regulation (the “Regulations”), Manjit Dulai (“M. Dulai”) and Balvir Dulai (“B. Dulai”) (together, the “Dulais”) were issued a monetary penalty, jointly and severally, in the single amount of $400.This Monetary Penalty was issued for the following reasons:
- The Dulais, contrary to section 21(2) of the Act, regarding a new home in Surrey, B.C. (the "New Home"), for which an Owner Builder Authorization had been issued, sold the New Home on, or before, August 30, 2011, without providing the prospective purchaser of the New Home, prior to the sale of the New Home, a disclosure notice in a form satisfactory to the Homeowner Protection Office Registrar stating, among other information, whether or not the New Home was covered by a policy of home warranty insurance;
- The contravention of these sections make the Dulais subject to a monetary penalty pursuant to s. 28.3(1)(a) of the Act and s. 20.1(2)(e) of the Regulations; and
- B. Dulai contravened s. 21(2) of the Act by virtue of s. 85(1)(b) of the Offence Act, RSBC 1996, c. 338.