The following matters are not covered by the statutory warranties:


Normal Wear and Tear

  • Normal shrinkage of materials that dry out after construction such as nail pops or minor concrete cracking
  • Settling of soil around the house or along utility lines (other than subsidence beneath the footings of the home)
  • Scuffs and scratches to floor or wall surfaces caused by moving, decorating, or day-to-day use of the home by the homeowner
 

Damage Caused by Improper Maintenance

  • Dampness or condensation caused by failure to maintain proper ventilation
  • Damage resulting from improper maintenance


Damage Caused by a Third Party

  • Damage caused by municipal services or utilities
  • Damage caused by floods, “acts of God”, acts of civil or military authorities or acts of war, riot, insurrection, civil commotion or vandalism
  • Damage caused by insects or rodents, unless it is the result of construction that does not meet the Ontario Building Code


Secondary Damage Caused by Defects that are Under Warranty

  • Personal or property damage, such as personal injury, loss of income and other secondary loss associated with warranted defects or repairs.  (However, your homeowner insurance may cover such secondary or consequential damage.)


Supplementary Warranties

  • Warranties or agreements provided by your builder over and above the statutory warranties.  Such matters are between the builder and the homeowner and are not enforced by Tarion.


Deficiencies Caused by Homeowner Actions

• Alterations, deletions or additions to the home that were made by the homeowner
• Changes by the homeowner to the direction of the grading or the slope of the ground
• Defects in materials, design or work that was supplied or installed by the homeowner


Elevators

  • The seven year MSD warranty does not extend to elevating devices


HVAC Appliances

  • The seven year MSD warranty does not extend to appliances that form part of the heating or cooling apparatus, equipment or systems, whether for water, air or other substances, including furnaces, air conditioners, chillers and heat recovery ventilators


Specific Defects Accepted in Writing

  • Ascertained defects in work or material accepted in writing by the homeowner