Enforcement Action: Compliance OrderIssue Date: April 4, 2014
Jason Neil Butler (“J. Butler”) and Cristina Michelle Butler (“C. Butler”) ( together, the “Butlers”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built a new home in Prince George, BC (the “New Home”), in, or about, 2011, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On April 4, 2014, the HPO issued Compliance Order 14-0031 to the Butlers directing that the Butlers:
- Immediately cease the offering for sale, marketing, completion of any Purchase/Sale Agreement that may be in place, or already is in place, and/ or actual sale of the New Home;
- Provide the HPO with evidence of the sale cancellation for the New Home, or in the case of a Purchase/Sale Agreement for the New Home already being in place, proof that the Purchase/Sale Agreement will not become a legally binding contract until such time as the Act and the Homeowner Protection Act Regulation (the “Regulations”) are complied with, including compliance with this Compliance Order; and
- apply for and become an HPO 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;
- provide the HPO with proof that the New Home was built by an HPO LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 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.
The Butlers were directed to comply with Compliance Order 14-0031 by May 9, 2014.