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Requests for Warranty Service for freehold homes and condominium units with a date of possession before October 1, 2003

The following outlines the steps homeowner must take to report and resolve problems with items in their new home:

Determine Whether Problem is Covered Under Warranty
Document the Problem
Allow Time to Rectify the Problem
Request Conciliation
At the Conciliation
After the Conciliation
Settling a Claim

Determine Whether Problem is Covered Under Warranty

Homeowners are advised to understand what is and what’s not covered under their statutory warranty before making a warranty service request.

The Construction Performance Guidelines (Guidelines) may help determine if an item is eligible for warranty coverage. The Guidelines outline many of the most commonly reported warranty issues.

Document the Problem

Homeowners must submit complaints to their builder in writing. They must also send a copy of their complaint to Tarion before the end of the warranty period. 

Complaints should specifically describe the nature, size and location of a problem, as well as the home's enrolment number, the complete address, the lot and plan numbers, or the condominium address and unit number.

Allow Time to Rectify the Problem

Homeowners should give their builder a fair opportunity to fulfill their warranty obligations. Keeping communication lines open between homeowners and builders is key to resolving complaints. 

Builders should work with their customers to arrange mutually convenient times for repairs to be completed and homeowners should also give their builder access to complete repairs during regular business hours.

Request Conciliation

If a resolution cannot be negotiated between the homeowner and the builder, or in the case that a builder is insolvent, homeowners should contact us to request an on-site inspection (called a "conciliation") by a qualified warranty representative.

Homeowners are required to complete a Request For Conciliation form by listing the problems with the home.
A deposit cheque for $50.00 (CDN) is required along with the Request for Conciliation form, payable to "Tarion Warranty Corporation". The fee will be refunded in full to the homeowner if any of the complaints are covered by warranty.

Once the form is submitted, Tarion will forward a copy to the builder for a response to each item. A specified time period will be given for the builder to respond.

At the Conciliation

The warranty representative will determine whether complaint items are covered under the warranty. In addition to experience gained at Tarion, the Tarion warranty representatives have years of experience in construction, and extensive knowledge of the Ontario Building Code and the Construction Performance Guidelines.

Video and Audio Recording Policy

Tarion Warranty Corporation (“Tarion”) does not permit the video or audio recording of the conciliation or claim inspection process by builders or homeowners. Photographs, however, may be used to document any physical defects in a home which may eventually become the subject of an inspection.
 
The video or audio recording of a conciliation or claim inspection is not necessary for the inspection process to proceed properly and fairly. In Tarion’s experience, video and audio recordings have only served to interfere with the process. A video or audio recording of the conciliation or claim inspection process is also not necessary or of assistance in making an assessment of any construction deficiencies. When the results of a conciliation or claim inspection are reviewed by the Licence Appeal Tribunal, the assessment is typically made based on live testimony and documentary evidence.
 
A homeowner who insists on making a video or audio recording of an inspection and refuses to allow an inspection to proceed without making a video or audio recording, will prejudice his/her warranty rights. Where a builder refuses to participate in an inspection without making a video or audio recording, the inspection will be conducted without the builder’s participation. The builder may also prejudice, among other things, the builder’s appeal rights before the Builder Arbitration Forum, and the builder’s rights under the Waiver of Indemnity policy (Builder Bulletin 44).

After the Conciliation

Within 14 days of the conciliation, homeowners and builders will receive a report listing what is and what is not covered under warranty along with an explanation of why each item is warranted or not.

Builders and homeowners are expected to agree on a suitable timetable for completing the warranty repairs. In the absence of such an agreement, repairs must be completed within 30 days or such other time specified by Tarion. Builders and homeowners should report to Tarion when repairs are completed satisfactorily.

Settling a Claim

If a builder cannot or will not fulfill the obligations of the warranty, or is out of business, Tarion will honour the warranty.

In some cases, a reinspection by a warranty representative will be required before the claim can be evaluated. Tarion will then settle the claim directly with the homeowner.

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