The Open Door Blog
Whether you own a new home or condo, are considering buying one, or just love to dream about it, the Open Door blog is here to share stories that can help you protect what is likely the biggest investment of your life.
The Open Door blog is published by Tarion, a non-profit corporation that administers Ontario’s New Home Warranty Plan and registers all new home builders in Ontario. Click here to learn more about us.
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You think it’s covered by the warranty, but your builder doesn’t. Your builder did some repairs, but you feel they should have done them differently. Your builder kept promising they’d get around to it, but months have passed with no action. These are just a few of the scenarios in which you might request a Tarion conciliation for assistance with items on your warranty form. Homeowners can request a conciliation at the end of the builder’s initial repair period. The initial repair period is the 120-day span after you submit your completed warranty form to Tarion, during which your builder is required to resolve items on your form that are covered by the warranty. Conciliation is a new word and concept for most new home owners, and that’s why we decided to make a handy list of the most important things you need to know about it. If you have already booked a conciliation or you’re thinking about scheduling one, read on so that you’re all up to speed:
- First of all, what is it? Simply put, conciliation is a process where Tarion assesses the items on your warranty form that are in dispute and decides whether they are covered under the new home warranty. The key word here is “decide.” At this point in the process, Tarion’s role is not to try to bring about an agreement between you and your builder, but to make a decision about whether your builder is required to resolve items.
- In most cases, conciliation means an inspection at your home. That’s the best way for us to make a proper assessment.
- The conciliation is conducted by a trained Tarion representative whose role is that of an independent and impartial decision-maker.
- Your builder is invited to be there. Remember, it’s your builder’s warranty, so they should have an opportunity to be present when Tarion makes an assessment.
- Conciliation is a chance for you and your builder to make your respective cases to Tarion, so you need to provide all of the information and documents you want Tarion to consider. Things you might want to have on hand are copies of your Pre-Delivery Inspection Form, your purchase agreement, and correspondence between you and your builder that are related to the items in question. The more prepared you are, the better!
- During conciliation, the Tarion representative may ask you and your builder questions, make observations, take photographs, or bring in a specialist to help with an investigation. All of this is to make sure Tarion has the information it needs to assess the items.
- After the conciliation, the Tarion representative will provide a Warranty Assessment Report to you and your builder. The report tells you whether the items we assessed are covered under the warranty.
- If we decide that any of the items are covered under the warranty, your builder has 30 days to resolve them with you.
- We'll resolve the items directly with you if your builder doesn't.
- If you’re not satisfied with our decision, you can ask us for a formal decision letter. This will let you make an appeal to an independent provincial tribunal called the Licence Appeal Tribunal. You have 15 days from when you receive our decision letter to submit an appeal.
We hope that these give you a better understanding of what a conciliation is, what you can expect from Tarion, and your role as a new home owner. You can also refer to this helpful infographic that takes you through the steps of getting your warranty claim resolved. If you still have questions, don’t hesitate to contact us. We’re here to help.
The goal of this blog is to provide you with general information about the warranty process by sharing real experiences from new homeowners. The blog should not be relied upon as legal advice. For privacy reasons, we will not address or resolve current cases in a public forum, so any comments or questions that are posted on this site that describe individual cases cannot be discussed. If you have a question about your warranty or Tarion generally, we would be pleased to discuss your issue, in the context of your particular circumstances and in confidence. We exercise reasonable care to avoid offensive, illegal or defamatory content from being posted, as well as comments that are intended solely for self-promotion or considered to be spam.