Enforcement Action: Compliance OrderIssue Date: April 9, 2013
0910713 B.C. Ltd. (“910713 Ltd.”) and Gurdeep Kainth (“Kainth”), contrary to section 14(1) of the Homeowner Protection Act (the “Act”), conducted the business of a residential builder without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and offered/ marketed for sale 5 new homes in North Vancouver, BC (collectively, the “New Homes”), between the dates October 17, 2012, and November 5, 2012, and between the dates March 6, 2013, and April 9, 2013. On April 9, 2013, Compliance Order 13-0014 was issued by the HPO to 910713 Ltd. and Kainth directing that 910713 Ltd. and Kainth:
- 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 Homes;
- provide the HPO evidence of the sale offering cancellation for Unit 1 of the New Homes (“New Home #1”), or in the case of a Purchase and Sale Agreement for New Home #1 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, including compliance with Compliance Order 13-0014; and
- become an HPO LRB pursuant to section 14 of the Act, prior to renewing any marketing efforts and/ or offering any of the New Homes for sale, or in the case of a Purchase and Sale Agreement for any of the New Homes already being in place, prior to selling any of the New homes as a new, never before occupied new home.
910713 Ltd. and Kainth were directed to comply with Compliance Order 13-0014 by April 26, 2013.