Enforcement Action: Compliance OrderIssue Date: April 10, 2018
Arthur Wei Chih Lin (“Lin”), contrary to section 22(1) of the Homeowner Protection Act (the “Act”), caused to construct a new home in Vancouver, B.C. (the “New Home”), without the New Home currently being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider, since the New Home was de-enrolled from HWI coverage by the home warranty insurer on September 26, 2017. On April 10, 2018, BC Housing issued Compliance Order 18-0028 to Lin directing that Lin:
- prior to resuming construction on the New Home, ensure that the New Home is enrolled with a policy of HWI pursuant to section 22(1) of the Act;
- 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, Lin 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 Lin 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 Lin, 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.
Lin was ordered to comply with Compliance Order 18-0028 by April 27, 2018.