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    Homeowners

Conciliation

What is conciliation?

Conciliation is a process where Tarion assesses the items on a homeowner's warranty form and decides whether they are covered under the warranty set out in the Ontario New Home Warranties Plan Act. Conciliation may also be used to assess:

  • Whether Tarion agrees with the way a repair was done or offered to be done by the builder;
  • Whether Tarion agrees that a settlement offer by the builder is reasonable; and/or
  • What, if any, compensation or repair the owner is entitled to receive from the builder or Tarion.

In most cases, conciliation involves an inspection at the home with the builder's representative in attendance.  The inspection is conducted by a Tarion Warranty Services Representative, who is an impartial decision maker.

When can I ask Tarion for a conciliation?

After the end of your builder’s initial builder repair period, you have 30 days in which you can contact Tarion to request a conciliation.  You can also schedule a conciliation through your MyHome account within that period.

If you do not request a conciliation within that 30-day period, Tarion may not be able to assist you with your warranty claim items.

Is there a cost for conciliation?

When you request a conciliation, you must provide a fee of $282.50 ($250 + HST).  This money will be refunded to you if we determine that one or more items we assess is covered by the warranty.   

Can I cancel a conciliation?

Yes.  If you and your builder are able to resolve the items on your warranty form before the scheduled inspection date, you can cancel the conciliation.  Tarion will refund your conciliation fee if you cancel your conciliation inspection with at least 24 hours advance notice.

How do I prepare for a conciliation?

During conciliation, you will be required to present your position to the Warranty Services Representative.  Once your conciliation is scheduled, you should send Tarion your purchase agreement and any schedules, amendments, attachments or photos that could support your claim.  

You are responsible for providing all of the information, arguments, and documents (such as the Pre-Delivery Inspection Form or selection sheet) you want Tarion to consider when assessing your claim.  If you do not have a relevant document or piece of information that your builder may have, you can ask Tarion to obtain it for you.

Additionally, as you prepare for the conciliation, please take a moment to read our Video and Audio Recording Policy.

What happens at the conciliation inspection?

During the conciliation inspection, 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.

When do I find out if the items inspected are covered?

In the weeks following the conciliation inspection, we will provide you and your builder with a Warranty Assessment Report.  The report will tell you whether the items we assessed are covered under the warranty and need to be resolved by your builder.

Video: Ten Things You Need To Know About Your Conciliation

What are the roles of the homeowner, the builder, and Tarion during this time?

Homeowner

  • Schedule a conciliation inspection via MyHome or contact Tarion to request a conciliation inspection during the relevant timeframe
  • In the time leading up to the conciliation inspection, continue to work with the builder to resolve warranty claim items
  • Allow the Tarion representative and builder access to the home for the inspection
  • Identify the items in dispute
  • Provide supporting documentation for items in dispute
  • If the claim involves a damaged item, show that the damage was caused by the builder (e.g., a note on the Pre-Delivery Inspection Form)

Builder

  • In the time leading up to the conciliation, continue to address and resolve warranty claim items
  • If items are in dispute, work with the homeowner to reach a resolution
  • At the inspection, explain why the condition of the item exists
  • At the inspection, explain why the condition is not covered by the warranty or why it has not been resolved

Tarion

  • Contact the homeowner to confirm which warranty claim items remain unresolved and require conciliation
  • Assist with resolving items before the conciliation inspection
  • Gather information and make observations 
  • If necessary, invite an external expert for assistance

Resolving a warranty dispute

The next step in the regular warranty process is Warranty Assessment.

Other dispute resolution methods you may consider during this time include:

Negotiation

Facilitation by Tarion

Litigation

Ombudsperson

 

 

    

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