Enforcement Action: Compliance OrderIssue Date: January 14, 2014
Jeffery Russell (“Russell”), contrary to sections 20.1(1)(a) and 21(2)(a) of the Homeowner Protection Act (the “Act”), regarding a new home in Winfield, B.C. (the “New Home”), for which an Owner Builder Authorization had been issued, sold the New Home while it was being constructed, and failed to provide the purchasers 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 was covered by home warranty insurance. On November 4, 2013, the HPO Registrar cancelled the OBA. On January 14, 2014, the HPO issued Compliance Order 14-0004 to Russell directing that Russell:
- apply for and become an HPO Licensed Residential Builder pursuant to section 14(1) of the Act; and
- register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act.
Russell was directed to comply with Compliance Order 14-0004 by February 28, 2014.