Enforcement Action: Monetary PenaltyIssue Date: November 29, 2012
On November 29, 2012, Parminder Singh Garcha (“P. Garcha”) and Labh Singh Garcha (“L. Garcha”) (together, the “Garchas”) were issued a monetary penalty, jointly and severally, in the single amount of $400. This Monetary Penalty was issued for the following reasons:
- The Garchas, contrary to s. 21(2)(a) of the Homeowner Protection Act (the “Act”), regarding a new home in Vancouver, B.C. (the "New Home"), for which an Owner Builder Authorization had been issued, sold the New Home on, or about, May 28, 2012, 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 (“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) of the Act makes the Garchas 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
- L. Garcha contravened s. 21(2)(a) of the Act by virtue of s. 85(1)(b) of the Offence Act, RSBC 1996, c. 338.