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    Homeowners

What If My Builder Does Not Resolve Warranty Items?

The process described below applies to freehold homes and condominium units.  For information about the warranty process for condominium common elements, click here.

Early Intervention Process

Tarion has an early intervention process that helps new homeowners and builders resolve their differences when complex disputes arise over warranty issues in freehold homes and in the common elements of condominiums. This process is used when there is reason to believe that the relationship between the homeowner and the builder is strained and/or when the issues are so complex they make the warranty process difficult.  For more information, click here.

Request a Conciliation

If your builder does not complete repairs or otherwise resolve the items that are covered under the warranty by the end of their initial 120 day repair period, you have 30 days to contact​ Tarion and request a conciliation.  Conciliations can now be scheduled online using MyHome or the MyHome app.

You must provide a deposit of $282.50 ($250 + HST), which will be refunded to you if we determine that one or more items we assess is covered by the warranty.   

IMPORTANT:  If you do not request a conciliation during this period, Tarion will not be able to assist in resolving the claim items on your warranty form.

What is a 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 a neutral and impartial decision maker.

This handy infographic takes you through the steps of getting your warranty claim resolved.

Preparing for the Conciliation

7 Steps to Resolve your Warranty Claim
       Click to view full size.

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 PDI 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.

Cancelling the Conciliation

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

Tarion Completes the Inspection

Tarion will contact you prior to your scheduled inspection.  If all repairs are not completed, we will conduct the scheduled inspection with you and your builder’s representative present.  

At the inspection we will assess whether or not a disputed item is covered by the warranty and/or whether a completed repair meets industry standards and/or the Construction Performance Guidelines.  We will then 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.

Claim Resolution

Tarion will contact you 30 days after the date on the report to confirm that all warranted items have been repaired or otherwise resolved.  If any items remain outstanding, we will work directly with you to resolve them.

Unwilling/Unable Builders

Tarion may determine that a builder is unwilling or unable to repair or resolve claim items covered by the statutory warranty.  Tarion's determination may be based on a number of factors, such as the builder’s financial position, physical abilities, expressed intentions, or whether the home was built or sold illegally.

If Tarion has determined that a builder is unwilling or unable, then Tarion has the discretion to abridge or extend time periods in the statutory claims process.

    

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