Enforcement Action: Compliance OrderIssue Date: July 17, 2013
Vicki Jeanne Lum (“Lum”), 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 five new homes in Vancouver, BC (collectively, the “New Homes”), between the dates of, or about, March 21, 2013, and July 17, 2013. On July 17, 2013, the HPO issued Compliance Order 13-0033 to Lum, directing that Lum:
- 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 each of the New Homes, or in the case of a Purchase and Sale Agreement 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 13-0033; 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.
Lum was directed to comply with Compliance Order 13-0033 by July 26, 2013. Complied.