Enforcement Action: Compliance OrderIssue Date: December 15, 2015
Gary Dale Heinrichs (“G. Heinrichs”) and Maria Secorro Portia Heinrichs (“M. Heinrichs”) (together, “the Heinrichses”), contrary to sections 14(1), 22(1) and 22(1.1) of the Homeowner Protection Act (the “Act”), built a new home in Langley, B.C. (the “New Home”), between the dates of, or about, May 28, 2008, and January 11, 2013, and offered for sale the New Home between the dates of, or about, November 1, 2015, and December 18, 2015, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered with a policy of home warranty insurance. On December 15, 2015, the HPO issued Compliance Order 15-0045 to the Heinrichses directing that the Heinrichses:
- immediately cease the offering for sale, marketing, completion of any Purchase/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
- apply for and become an HPO LRB pursuant to section 14(1) of the Act 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(1) of the Act; or
- if either G. Heinrichs or M. Heinrichs meets the eligibility requirements, G. Heinrichs or M. Heinrichs may apply f be issued, an HPO Owner Builder Authorization for the New Home pursuant to section 20(1) of the Act and section 4.1(2) of the Regulations.
The Heinrichses were directed to comply with Compliance Order 15-0045 by January 15, 2015.