Congratulations on purchasing a new home!
home must meet or surpass the structural requirements and health and safety
standards of the Ontario Building Code. And like every new home in Ontario, it
is protected by mandatory warranties provided by your builder and backed by
Tarion Warranty Corporation (“Tarion”).
warranties begin on the date you take occupancy of you new home, which may be
different than the Closing Date.
Tarion is a non-profit, private
corporation established in 1976 to protect the rights of new home buyers and
regulate new home vendors and builders according to the terms of the
Ontario New Home Warranties Plan Act (the “Act”). Not only does the Act
require builders in Ontario to provide new home warranty coverage, but they must
also be registered with Tarion and enrol every new home prior to the start of
construction. Tarion is also responsible for managing a guarantee fund to ensure
that builders honour the statutory warranties, and for enforcing the overall
terms of the Act.
Moving into your new home is an exciting and busy time,
however, it is important that you set aside some of that time to carefully read
through and understand your rights and responsibilities when it comes to your
new home’s warranty. Here, you’ll find all you need to know about your home’s
statutory warranties, the responsibilities of both you and your builder, and how
Tarion handles statutory warranty claims.
If you are unsure about your
rights under your purchase agreement or the Act, you may wish to seek the advice
of a lawyer.
If you have questions that you cannot find answers to on our
website, call us at 1-877-9TARION (1-877-982-7466).
"Vendors" are the sellers of new homes and are deemed to give the statutory warranties to the purchaser. "Builders" build new homes. Sometimes the vendor and builder are the same person -- sometimes not. For ease of reference, we will use the term "builder" and it will include a vendor or builder as appropriate.
Tarion backstops a certain set of statutory warranties described in this HIP. References in this HIP to "statutory warranty" or "builder's warranty" or your "new home's warranty", in each case, is a reference to the statutory warranties. Any other warranties which the builder may give a purchaser which are different or over and above the content of the statutory warranties, are not backstopped by Tarion and such supplemental warranties, if any, are a matter as between the builder and home buyer.