Enforcement Action: Compliance OrderIssue Date: July 9, 2018
Tejinder Dhaliwal (“T. Dhaliwal”), contrary to section 22(1) of the Homeowner Protection Act (the “Act”), commenced or caused to have commenced construction on a new home in Surrey, B.C. (the “New Home”), on, or about, February 5, 2018, without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On July 9, 2018, BC Housing (“BCH”) issued Compliance Order 18-0052 to T. Dhaliwal directing that T. Dhaliwal:
- immediately cease construction activities on the New Home at the property (the “Property”) and 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 and the Property, T. Dhaliwal 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 T. Dhaliwal to sell, or offer to sell, the New Home and the Property 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”), construction is not permitted to continue on the New Home, and any offer to sell the New Home, or transfer of title of the Property, by either T. Dhaliwal, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Home and the Property has been granted by the Registrar under section 22(1.2) of the Act.
T. Dhaliwal was ordered to comply with Compliance Order 18-0052 by July 27, 2018. Complied.