Enforcement Action: Compliance OrderIssue Date: February 26, 2018
Marni Jo Thorpe (“Thorpe”), contrary to section 22(1.1)(b) of the Homeowner Protection Act (the “Act”), offered and marketed for sale a new home in West Kelowna, B.C. (the “New Home”), without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider in, or about, August 2017. On February 26, 2018, BC Housing (“BCH”) issued Compliance Order 18-0007 to Thorpe directing that Thorpe:
- 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 actual sale of the New Home and the property (the “Property”);
- provide BCH with evidence of the sale cancellation for the New Home and the Property; and
- prior to renewing any marketing efforts and/or offering of the New Home and the Property for sale, or in the case of a Purchase and Sale Agreement already being in place for the Property, prior to selling the New Home, Thorpe must:
- ensure the New Home is enrolled with a policy of HWI pursuant to section 22 of the Act;
- be approved for an Owner Builder Authorization and be issued a Disclosure Notice from BCH for the New Home on the Property, and before selling the New Home during the purchase period, provide the Disclosure Notice for the New Home to a prospective purchaser(s) of the New Home pursuant to section 21(2) of the Act stating whether, or not, the New Home is covered by HWI; or
- be granted a permission by the Registrar, pursuant to section 22(1.2) of the Act, authorizing Thorpe to sell, or offer to sell, the New Home despite the requirements of section 22 (1.1) of the Act.
Thorpe was directed to comply with Compliance Order 18-0007 by March 30, 2018.