Enforcement Action: Compliance OrderIssue Date: July 30, 2015
Kashmir Gosal (“K. Gosal”) and Sarabjit Gosal (“S. Gosal”) (together, “the Gosals”), contrary to sections 20.1(1)(b) and 21(2)(a) of the Homeowner Protection Act (the “Act”), regarding a new home in Surrey, B.C. (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, sold the New Home prior to one year from first occupancy, and failed to provide the purchaser of the New Home with a disclosure notice, in a form satisfactory to the Homeowner Protection Office (“HPO”) Registrar, stating among other facts, whether or not the New Home was covered by home warranty insurance. On September 13, 2013, the HPO Registrar cancelled the OBA for the New Home. On July 30, 2015, the HPO issued Compliance Order 15-0025 to the Gosals directing that the Gosals:
- immediately 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.
The Gosals were directed to comply with Compliance Order 15-0025 by August 28, 2015.