The article below is a must-read for new home/condo buyers in Ontario. Please take a minute to read the excellent guest column published in The Toronto Sun (27/11/15.), by former MPP Rosario Marchese.
Many consumers have found out how hard it is to deal with Tarion, only when its too late.
Real estate agents and lawyers know surprisingly little about the Tarion warranty, its limitations, and its propensity to take the side of builders when homeowners discover defects.
If you discover construction defects in your newly-built home…..
… and we’re not talking paint smudges on mirrors, but serious HVAC or Building Code violations, you may find yourself facing Tarion and the builder with their experienced lawyers fighting you in court (the License Appeal Tribunal, LAT).
Several cases I’ve witnessed make you think the homeowner’s actually the bad guy, and the builder had nothing to do with building the home. “I don’t have to pay attention to Building Code”, scoffed one builder under oath to acquiescent faces of Tarion’s and his own lawyer. The adjudicator in this case actually said on record: “The Ontario Building Code is not really relevant to Tarion”. These are the same people who guarantee consumers a new home “free of defects in workmanship and materials”, under Ontario law.
Consumers hope the review of Tarion, recently announced by Minister Orazietti appointing respected judge Douglas Cunningham as reviewer, will be the silver bullet.
The system needs to solve problems, not create more at the taxpayer’s and new home buyer’s expense.
Minister Orazietti has oddly stated publicly he thinks the review will validate Tarion has having good consumer protection measures. Why do a review then?
He’s a politician, so this might be political posturing, an attempt at face-saving, since his government has known for over a decade there are serious problems with lack of transparency and accountability at Tarion.
“I thought Tarion was my friend“, explains one homeowner. Then you find them heavy-lawyering you, shielding the builder from accountability for his defects. You’re home alone.
Consumers hope for justice, finally. A fair, transparent, balanced, and public investigation, with a full examination of the consumer experience, not Tarion’s version of it.
We sincerely hope we won’t be left with Home Alone 2.