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    Homeowners

Making a Warranty Claim

How do I make a warranty claim?

As the provider of the warranty, your builder is responsible for resolving warranty claims directly with you. You must notify them when an issue arises and give them an opportunity to review it and address it. As part of this process, you will need to provide the builder access to your home to make any necessary repairs.

If your builder fails to resolve your claim, or does not feel that the item is warranted, that is when Tarion can help. We can assess your claim and, if warrantable, ensure that the issue is resolved. However, to be eligible for Tarion's assistance, you must report your warranty claim within the relevant warranty timeframe.

Tarion’s MyHome online portal is an easy-to-use and convenient way to manage your warranty claims. MyHome notifies you of important warranty timelines, lets you submit warranty claims to both your builder and Tarion simultaneously, and allows you to request Tarion's assistance if you need it. If you are not able to submit your warranty claim through MyHome, please contact us for further assistance.

Tarion’s warranty forms and their submission periods are outlined in the following table:

Warranty Period Warranty Form Submission Period
Year 1 30-Day Form Within 30 days after the date of possession/condominium unit occupancy date*
Year 1 Year-End Form Within the last 30 days before the first anniversary of the date of possession/condominium unit occupancy date*
Year 1 Delayed Closing/Occupancy Form Anytime within one year of the date of possession/condominium unit occupancy date
Year 2 Second-Year Form Anytime during the second year after the date of possession/condominium unit occupancy date
Years 3-7 Major Structural Defect Form Anytime during years 3-7 after the date of possession/condominium unit occupancy date

*Effective September 14, 2020, homeowners will have a 10-day grace period on the 30-Day Form submission period. Homeowners will also have a 10-day grace period on the Year-End Form submission period provided they supply written evidence that they reported items to the builder within the one-year warranty period. Examples would be that the homeowner reported the defect to the builder on any prior warranty forms, emails or other written materials during the first-year warranty period and by a method of written communication that was previously used between the parties to communicate about the home. Note that Pre-Delivery Inspection Forms are not acceptable written evidence for the year-end grace period. For more information about these and other interim measures to protect homeowners, click here.

What happens if I don't ask for Tarion's help?

Your builder is responsible for resolving your claim items that are warranted regardless of whether you ask for Tarion's help. There are other possible ways to get your warranty claims resolved, such as through the civil court system, or through private arbitration or mediation. The alternative resolution methods available to you may depend on what you and your builder agree to. Some alternative methods for resolving your warranty claim are listed at the bottom of this page.

If you choose to resolve your claim through alternative methods, you should ensure that you have complied with warranty timing requirements. We also recommend that you seek legal advice.

Can Tarion make exceptions to the form submission timelines?

Situations may arise in which homeowners may need to have a warranty timeline shortened or extended.  The Ontario New Home Warranties Plan Act gives Tarion the authority to adjust timelines for the submission of warranty forms in a limited number of circumstances. For more information, click here.

Exceptions to the regular process

Air Conditioning

Homeowners should report an air conditioning issue on either the 30-Day or Year-End Form. It will be dealt with according to the regular warranty timelines.

However, if the air conditioner is not working between May 15 and September 15, homeowners should contact the builder and Tarion to arrange for an assessment.

Click here for more information about the Air Conditioning process.

Emergency Situations

The above warranty forms do not apply in emergency situations.  An emergency is defined as any warrantable deficiency within the control of the builder that, if not attended to immediately, would likely result in imminent and substantial damage to the home, or would likely represent an imminent and substantial risk to the health and safety of its occupants.

Click here for more information about the Emergency process.

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

Homeowner

  • Report warranty claim items on the applicable form and within the relevant submission period
  • For every warranty claim item, provide enough detail to allow the builder to identify where and what the issue is
  • If available, provide supporting documentation (e.g. photographs)
  • If the warranty form is late, provide evidence that justifies an extension of time

Builder

  • Review the warranty claim form
  • Create a work plan to deal with warranty claim items
  • If needed, contact the homeowner for clarification on the issue

Tarion

  • If the homeowner's form is late, decide whether to grant an extension

Resolving a warranty dispute

The next step in the regular warranty process is the Builder Repair Period.

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

Early Intervention

Investigative Inspection

Negotiation

Facilitation by Tarion

Litigation

Ombudsperson

  

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