Enforcement Action: Compliance OrderIssue Date: November 3, 2015
Paramjit Singh Chahal (“Chahal”), contrary to sections 14 (1), 22(1) and 22(1.1) of the Homeowner Protection Act (the “Act”), built a new home in Salmon Arm, BC (the “New Home”), between the dates of, or about, November 7, 2014, and October 22, 2015, and offered for sale the New Home between the dates of, or about, October 28, 2015, and November 17, 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 November 3, 2015, the HPO issued Compliance Order 15-0033 to Chahal directing that Chahal:
- 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, and 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 Chahal meets the requirements, Chahal may apply for, and 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.
Chahal was directed to comply with Compliance Order 15-0033 by November 27, 2015.