Enforcement Action: Compliance OrderIssue Date: October 8, 2014
Sherry Lynn Violet Zielinski (“Zielinski”), contrary to section 22(1.1) of the Homeowner Protection Act (the “Act”), offered for sale a new home in Prince George, B.C. (the “New Home”), between the dates of, or about, August 29, 2014, and October 16, 2014, without the New Home being covered with a policy of home warranty insurance pursuant to section 22(1) of the Act. On October 8, 2014, the Homeowner Protection Office (“HPO”) issued Compliance Order 14-0055 to Zielinski directing that Zielinski:
- 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 (the “Regulations”) 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;
- be granted a permission by the registrar of the HPO, pursuant to section 22(1.2) of the Act, authorizing Zielinski, or anyone else, to sell, of offer to sell, the New Home despite the requirements of section 22 (1.1) of the Act;
- 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 including obtaining a Disclosure Notice for the New Home; or
- provide the HPO evidence that the New Home is no longer a residential dwelling unit and no longer meets the definition of a ‘new home’ under the Act.
Zielinski was directed to comply with Compliance Order 14-055 by October 22, 2014. Complied.