The process homeowners must follow in order to protect their statutory warranty rights with Tarion depends on their date of possession (see below).
This process involves the submission of specific Statutory Warranty Forms within specific time periods in order to resolve an outstanding warranty-related issue(s). For more information, homeowners should select from one of the following three sections, depending on their home’s date of possession:
• Click here for information on protecting statutory warranty rights for owners of freehold homes and condominium units with a date of possession ON OR AFTER September 1, 2005
• Click here for information on protecting statutory warranty rights for owners of freehold homes and condominium units with a date of possession ON OR AFTER October 1, 2003 and before September 1, 2005
• Click here for information on protecting statutory warranty rights for owners of freehold homes and condominium units with a date of possession BEFORE October 1, 2003
The date of possession is the date on which a builder transfers the right of occupancy to a new homeowner, as specified on the Certificate of Completion and Possession (provided by the builder). It is also the date that a home's statutory warranties begin. For freehold homes, the date of possession can be verified by checking the Transfer Deed of Land or the Statement of Adjustments. For condominium units, it can be verified by checking the Interim Occupancy Agreement.
This section also describes how to appeal warranty decisions made by Tarion that apply to all freehold homes and condominium units (regardless of the date of possession).