Enforcement Action: Amended Compliance OrderIssue Date: March 16, 2018
Nicola McCalman Lamorte (“Lamorte”), contrary to section 22(1) of the Homeowner Protection Act (the “Act”), caused to have built a new home in Victoria, B.C. (the “New Home”), between the period of, or about, April 27, 2015, and January 26, 2016, without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On March 6, 2018, Lamorte was issued Compliance Order 18-0017. On March 16, 2018, BCH issued Amended Compliance Order 18-0017-1 to Lamorte changing the civic address of the New Home and directing that Lamorte:
- prior to offering the New Home for sale, or in the case of a Purchase and Sale Agreement already being in place for the New Home, prior to selling the New Home, Lamorte must:
- ensure the New Home is enrolled with a policy of HWI pursuant to section 22(1) of the Act; or
- be granted a permission by the Registrar, pursuant to section 22(1.2) of the Act, authorizing Lamorte to sell, or offer to sell, the New Home despite the requirements of section 22 (1.1) of the Act; and
- until such time as the New Home is in compliance with the Act and the Homeowner Protection Act Regulation (the “Regulations”), any offer to sell the New Home, or transfer of title of the New Home, by Lamorte, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Home has been granted by the Registrar under section 22(1.2) of the Act.
Lamorte was ordered to comply with Amended Compliance Order 18-0017-1 by March 30, 2018.