Virtually everywhere you look around our area, there is a vast array of new homes being build both on a mass scale by developers of larger subdivisions as well as by smaller independent contractors building individual homes here and there. Questions have recently arisen regarding new home warranties which in Ontario are governed by the Tarion Warranty Corporation.
Every new home in Ontario is protected by a mandatory warranty that is provided by the individual builder and guaranteed by Tarion. It is illegal for a builder to enter into an Agreement of Purchase and Sale or a construction contract with a buyer(s) if the builder is not registered with Tarion. It is also illegal to begin construction of a home or condominium without first enrolling it with Tarion. Offenders will be charged by Tarion under the Ontario New Home Warranties Plan Act.
Under this act there is Statutory Warranty that clearly stipulates what is covered with respect to new home construction and defects. Tarion employs a team of seasoned investigators to uncover builders and vendors in Ontario who fail to register and/or to enrol new homes with Tarion. The investigators partner with municipalities and building officials in Ontario to find and prosecute these offenders. Under the Act, fines of up to $100,000 can be imposed by Ontario Courts. In addition, convicted offenders may be imprisoned for up to one year, placed on probation and/or required to pay Tarion any monies owed.
If you are contemplating the purchase a new home whether directly from a builder or when using a REALTOR®, one of the first questions you should confirm is whether or not the builder is registered with Tarion. You can begin this process by using the "Find A Builder" feature on the Tarion website or contact a local REALTOR® to learn more.
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