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Having been embroiled in the legal system as an SRL for some 6 years now, I have come to the conclusion, rather than living in a Democracy, we continue to live in a feudal system, not unlike a police state. Next to CEOs, Lawyers are psychopaths’ second choice. It is THEY who control our quasi Democracy. We have been their fodder puppets for hundreds of years.
Whether Tarion, or any other conglomerate, nothing will change, until the people, en masse, decide so. The Internet now gives us that opportunity. Many existing causes are already making inroads. We must force change from the ground up! I am speaking of rewriting the Rules of Civil Procedure, creating a rock-solid foundation. The Legal system is corruptly broken at its very core! By not fixing it, nothing will change and we will continue to live in a Demo – Crazy!
Let’s have a full REPORT CARD for every contractor and Tarion as well! That REPORT CARD would be compiled by verified home owners and by an independent Agency which excludes Tarion.
Lawyers generally compound the issue because of their own incompetence and dishonesty in conceding that legal action is not feasible against the Establishment! Think of Tarion and the construction industry as a cartel or mob that is invincible….for now.
In all discussions and complaints I read over the years about Tarion, several ignored facts fail to rise to the top of the discussions.
Tarion will publish non-Tarion builders names it has fined but is reluctant- and worried about being sued, to publish the names of their registered builders that have had claims that were long to settle if resolved at all.
Although Tarion does list the amount of claims a registered builder might have against them, publishing an overwhelming number of acknowledgements against their registered builders as they do against non-registered contractors, could and would contaminate the reputation and credibility of the act.
Many individuals cannot afford to become registered Tarion builders although many are as qualified as any registered Tarion builders. Unlike most other small business in Canada, financial requirements asked of wanna be builders make it so that, unless one has money to tie up- sums of anywhere from 500,000.00 to 3 million dollars, for two years or more to cover the requirements of the law, Tarion is essentially imposing road blocks for one to have the ability to earn a living. In essence creating a monopoly driven by greed over quality.
The act that eventually became Tarion, was never intended to bridge the gap between affordability and quality of construction.
Most of the horror stories in the industry originate with circumstances whereas a contractor should have never bid so low on a given project to begin with.
Concurrently, most Tarion builders charge too much.
Tarion was never designed to address the adversarial relationship of builders and clients, instead it was intended to legalize a slew of hidden costs that builders can work into their prices, creating a greater divide in the Builder/Client relationship and suppressing the construction of stronger and healthier homes.
In a traditional Builder/client relationship, a contractor can charge as much as 15% to 20% on top of the trades costs and materials and then, levy a profit. That, on a 3 million dollar custom home, can translate into two to four hundred thousand dollars worth of hidden profits after taxes , which in turn are worked into the value of a home.
In the GTA as I write this, it translates into an inflation of property value of more than 10%.
Then there is the contamination in the industry of speculators. Many improvised builders in the GTA file their Tarion applications through surrogate experts. Others will deliberately plan to live two years in a new built house before selling the home thus denying a buyer of a fair product.
Similar practices are rampant in the industry whereas through minor renovations and deceitful decoration, sellers of existing homes essentially falsely present a home for sale that leads buyers to believe in apparent quality through superficial finishings that in turn, hide structural deficiencies and biological contamination.
For example a home owner might sell their house because of a carpenter ant infestation- that’s why so many exterminators don’t advertise the name and nature of their business on their vehicles when they service a home.
Or, chemical contaminants might exist in the soil of the house such as a leaky pool waters that releases chlorinated water into the soil. Such circumstances create THM gases that are carcinogens. Any reasonable concentration of such gases trapped under a house can release into the structure through cracks in the floors of basements, and expose its occupants.
Where is Tarion for these consumers, if one of their builders builds on contaminated soils such as these?
What Tarion does is register individuals with financial resources but not necessarily enterprises with the required expertise to bring a project to completion with any reasonable degree of integrity.
Speculators will hire architectural technicians, engineers or other semi-professionals whom, for a fee, in turn will write the Tarion exams, on behalf of these speculators.
These same individuals more often than not, aren’t involve in the construction of any projects and the quality assurance diligence and, Tarion is left litigating the proverbial bag.
In conclusion, Tarion was never about quality for the best price the market can bare but rather the best prices at the behest of quality and industry standards.
What we now see in terms of complaints and amount of cases before the courts, or otherwise filed with Tarion, illustrates that Tarion itself, is a greater part of the problem for some homeowners, than it is of the solution the act was initially intended to accomplish.
It is impossible to quantify what the problematic issues would be if there was no act, but historical data that pre-dates the act should show us that since the implementation of Tarion, the numbers haven’t improved…
One thing we do know, all claims paid and/or litigated to date have been by builders Tarion registered.
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