Enforcement Action: Compliance OrderIssue Date: August 28, 2014
Guanqun Zhang (“Zhang”), contrary to section 22(1.1)(b) of the Homeowner Protection Act (the “Act”), offered for sale a new home in Coquitlam, B.C. (the “New Home”), between the dates of, or about, March 31, 2014, and September 5, 2014, without the New Home being covered with a policy of home warranty insurance pursuant to section 22 of the Act. On August 28, 2014, the Homeowner Protection Office (“HPO”) issued Compliance Order 14-0051 to Zhang directing that Zhang:
- immediately cease the offering for sale, marketing, completion of any Purchase and Sale Agreement that may already be in place, or may come into place, and/or the actual sale of the New Home;
- provide the HPO evidence of the sale offering cancellation for the New Home, or in the case of a Purchase and Sale Agreement for the New Home already being in place, proof that the Purchase and Sale Agreement will not become a legally binding contract until such time as the Act and the Homeowner Protection Act Regulation are complied with; and
- prior to renewing any marketing efforts and/or offering of the New Home for sale, or in the case of a Purchase and Sale Agreement already being in place, prior to selling the New Home:
- ensure the New Home is enrolled with a policy of home warranty insurance pursuant to section 22 of the Act; or
- be granted a permission by the registrar of the HPO, pursuant to section 22(1.2) of the Act, authorizing Zhang, or anyone else, to sell, or offer to sell, the New Home despite the requirements of section 22 (1.1) of the Act.
Zhang was directed to comply with Compliance Order 14-0051 by September 5, 2014. Complied.