Enforcement Action: Compliance OrderIssue Date: January 24, 2014
Darcy (Russell) Franklin (“Franklin”), Brad Philip (“Philip”), and Meranti Developments Ltd. (“MDL”), constructed a new home in Kamloops, B.C. (the “New Home”), between December 12, 2012, and November 22, 2013. Although MDL has been a Homeowner Protection Office (“HPO”) Licensed Residential Builder (28636) since August 22, 2006, and obtained a commitment from an approved home warranty insurer on December 10, 2012, to provide home warranty insurance on the New Home as required by the Homeowner Protection Act (the “Act”) and the Homeowner Protection Act Regulation, the New Home was de-enrolled from home warranty insurance coverage by the home warranty insurer at the request of MDL on January 6, 2014, contrary to section 22(1) of the Act. On January 24, 2014, Compliance Order 14-0008 was issued by the HPO to Franklin, Philip, and MDL directing that Franklin, Philip, and MDL:
- immediately register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act.
Franklin, Philip, and MDL were directed to comply with Compliance Order 14-0008 by February 14, 2014. Complied.