Working in partnership produces a surprising number of success stories. Ask builders/vendors and homeowners who resolved 80 per cent of complaints in 1995 before the Ontario New Home Warranty Program (ONHWP) was asked to intervene.
Most builders/vendors honor their after-sales promises and are responsive to home buyer complaints. Establishing open communication from the beginning is the single largest factor in helping homeowners and builders/vendors resolve problems in a friendly, professional manner.
If homeowners and builders/vendors cannot agree and there is an impasse, ONHWP provides trained staff to help mediate a solution. Here's what to do if your negotiations with your builder/vendor do not have a happy conclusion. Take time and understand what is and what is not covered by your new home warranty and how ONHWP's complaint process works in order to make a successful complaint.
Before problems arise, note the specific anniversary dates of the first, second and seventh year warranties. For example, if you take possession of your new home on February 5, 1996 the first year, second year and seven year warranties expire at midnight on February 4 of the corresponding year.
ONHWP must receive your notice in writing within the warranty period in order to document when the problem occurred. ONHWP cannot pay your claim unless we have written proof the problem was brought to our attention within the warranty time lines.
In your letter to the builder/vendor specifically describe the nature, size and location of the problem and ask the builder/vendor to correct it. Remember to include the home's enrolment number, your complete address, lot and plan numbers or the condominium address and unit number. Forward a copy to your ONHWP office.
If you cannot resolve the problem with your builder/vendor, write to your ONHWP office as soon as possible and ask for assistance to formally conciliate the dispute.
Once you have completed a Request for Conciliation form listing your complaints, ONHWP will forward a copy to your builder/vendor for a response to each item.
At your request, a trained ONHWP representative will make arrangements to meet with you and the builder/vendor at your home to determine whether the disputed items are covered by the Ontario New Home Warranties Plan Act.
Homeowners pay a fee of $50 for this service which is refunded if the complaint is covered by warranty and not refunded if the matter is not covered.
If you move into a condominium and experience a problem with common elements, such as parking garages and hallways, report the problem to the condominium's board of directors, which is formed after the complex is registered.
Should problems be detected prior to the project being registered, unit holders should form a committee and contact ONHWP in writing for assistance.
When it comes to resolving homeowner/builder disputes, ONHWP acts as an impartial referee, objectively hearing both sides before advising the parties or making a formal ruling.
Once the inspection is completed you will receive a written report from the Warranty representative outlining what is and what is not covered under the warranty, and the reasons why.
Through conciliation, the builder/vendor will be instructed to repair warranted items. ONHWP may award a contract to have the necessary repairs done if the builder/vendor cannot complete the work. It is the homeowner's responsibility to cooperate and give access to the builder/vendor during working hours, otherwise ONHWP cannot help.
Usually ONHWP can resolve disagreements quickly, satisfying both buyer and builder/vendor. Any homeowner who disagrees with the ONHWP representative's report is urged to contact the manager of the appropriate ONHWP Office to discuss the problem. In the event that the manager is not able to resolve the issue, a formal decision will be issued which may be appealed to the Commercial Registration Appeal Tribunal (CRAT).
Established in 1970 by the Ministry of Consumer and Commercial Relations, CRAT guarantees homeowners and builder/vendors a fair hearing before an appointed panel of industry experts.
Homeowners who do not agree with CRAT's decision can make a further appeal to Divisional Court within 30 days of receiving the written decision.