Enforcement Action: Compliance OrderIssue Date: March 27, 2014
Valerie Spearing (“Spearing”), contrary to section 22(1.1) of the Homeowner Protection Act (the “Act”), offered for sale a new home in Port Coquitlam, B.C. (the “New Home”), between the dates of March 17, 2014, and March 27, 2014, without the New Home being covered with a policy of home warranty insurance pursuant to section 22(1) of the Act. On March 27, 2014, the Homeowner Protection Office (“HPO”) issued Compliance Order 14-0025 to Spearing directing that Spearing:
- immediately cease the offering for sale, marketing, completion of any Purchase/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
- apply for and become an HPO Licensed Residential Builder (“LRB”) 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; or
- provide the HPO with proof that the New Home is enrolled in a policy of home warranty insurance pursuant to section 22(1) of the Act; or
- apply for, and be issued, an Owner Builder Authorization for the New Home pursuant to section 20(1) of the Act and section 4.1(2) of the Regulations, and fulfil the requirements of being an owner builder.
Spearing was directed to comply with Compliance Order 14-0025 by April 25, 2014. Complied.