Enforcement Action: Monetary PenaltyIssue Date: July 11, 2017
On July 11, 2017, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Sukhpal Singh Sran (“Sran”) was issued a monetary penalty in a daily amount of $280, to a maximum of $8,400, for each day that passes until the demands contained in Amended Compliance Order 16-0017-1 have been satisfied. This Monetary Penalty was issued for the following reasons:
- Sran, contrary to s. 20.1(1)(b) and s. 21(2)(a) of the Act, sold a new home in Surrey, BC (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, without having occupied the New Home for the 12-month period after the New Home was built, and failed to provide the purchasers of the New Home with a disclosure notice, in a form satisfactory to the Registrar, stating, among other facts, whether or not the New Home is covered by home warranty insurance. On November 20, 2015, the OBA issued for the New Home was cancelled by the Registrar;
- The contraventions of the Act by Sran are the subject of Amended Compliance Order 16-0017-1 (the “ACO”) issued by a Compliance Investigator on April 4, 2016. The date for complying with the ACO was April 29, 2016;
- The ACO directed Sran to immediately register the New Home for coverage with home warranty insurance (“HWI”) provided by a warranty provider pursuant to s. 22(1) of the Act, or provide proof that the New Home was built by a Licensed Residential Builder and is enrolled in a policy of HWI pursuant to s. 22 of the Act; and
- Sran failed to comply with the ACO by the requested compliance date.