Enforcement Action: Monetary PenaltyIssue Date: November 26, 2012
On November 26, 2012, Jaskirat Mavi (“J. Mavi”) and Davinder Mavi (“D. Mavi”) (together, the “Mavis”) were issued a monetary penalty, jointly and severally, in the single amount of $400. This Monetary Penalty was issued for the following reasons:
- The Mavis, contrary to s. 21(2)(a) of the Homeowner Protection Act (the “Act”), regarding a new home in Burnaby, B.C. (the "New Home"), for which an Owner Builder Authorization had been issued, sold the New Home on, or about, November 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 (the “HPO”) Registrar stating, among other information, whether or not the New Home was covered by a policy of home warranty insurance;
- The contravention of s. 21(2)(a) the Act makes the Mavis subject to a monetary penalty pursuant to s. 28.3(1)(a) of the Act and s. 20.1(2)(e) of the Homeowner Protection Act Regulation (the “Regulations”); and
- D. Mavi contravened s. 21(2)(a) of the Act by virtue of s. 85(1)(b) of the Offence Act, RSBC 1996, c. 338.