Toronto – A builder was convicted of illegal vending for selling the same home in Wasaga Beach on two occasions without being registered under the Ontario New Home Warranties Plan Act. Alexander (Sandy) McIsaac, officer/director of Sprucefield Homes Inc., was fined $9,375 by the Ontario Court of Justice and placed on probation for 12 months.
Under the Ontario New Home Warranties Plan Act, new home builders and vendors must be registered with Tarion and enroll their homes in the new home warranty program. Most new homes are entitled to warranty coverage if they have been unoccupied prior to sale and are less than seven years old.
In June 2018, Tarion received a complaint regarding a home located at 225 Deerbrook Drive, Wasaga Beach. Tarion’s investigation revealed that Sprucefield Homes had entered into an initial agreement to sell the home in May 2017. After that deal fell through, Sprucefield Homes entered into a second agreement with another purchaser in January 2019. Sprucefield Homes was not registered as a vendor with Tarion and the home had not been enrolled in the province’s warranty program.
On June 28, 2019, Tarion charged Alexander (Sandy) McIsaac under the Ontario New Home Warranties Plan Act with two counts for not being registered as a vendor. On January 23, 2020, he pleaded guilty to the charges in a Barrie court. The presiding Justice of the Peace, Michael Fredrickson, accepted the guilty plea and levied a fine of $9,375 plus a 12-month probation order. Under the probation order, Mr. McIsaac is prohibited from committing the same offence, a similar offence, or any offence that is punishable by imprisonment. Also, he must appear before the court when required and notify the court of any change of address.
The Ontario New Home Warranties Plan Act protects the rights of home buyers. Builders or vendors who violate the Act can be prosecuted.
If consumers want to report a concern with their builder, they can call 1-877-982-7466, or send an email to email@example.com.
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