THE WARRANTY PROCESS
Your builder is responsible for honouring the first and second year warranty coverage. The Ontario New Home Warranty Program (ONHWP) stands behind the builder's warranty giving you that Peace of Mind Advantage that comes with purchasing new home.
Good communication is the key to an successful relationship and this is no different when dealing with your builder. Always submit your concerns to your builder in writing during the warranty period. To protect your warranty rights with ONHWP you can copy your local ONHWP office. When we receive your letter we will acknowledge it and keep your letter on file for future reference if needed. ONHWP encourages you to work closely with your builder to resolve all issues.
However, in case your builder goes out of business or becomes insolvent, or you reach an impasse with your builder, then ONHWP will be there to assist you. It is important that complaint letters documenting your problems be received with the appropriate warranty period.
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, 1997 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.
Ensure that your letter includes your name, complete address and telephone numbers where you can be reached during the day. Once ONHWP receives your letter of complaint we will write a letter to your builder setting out the time frames for the work to be completed. Your builder's role is to evaluate your complaint and respond within the time period established by ONHWP. Our regional customer service representatives are available to assist you and your builder to resolve issues of concern.
If there are items which you cannot resolve with your builder or in the case of an insolvent builder you can request a conciliation. You will receive a request for conciliation form where you will be required to list all outstanding items and return it to the Customer Service Representative at your local ONHWP office.
Should you wish to proceed with a conciliation meeting you will be required to submit a deposit cheque for $50.00 (CDN). This must accompany your request for conciliation form. This deposit is refunded if the complaint is covered by warranty.
The Customer Service Representative handling your file will send a copy of your request for conciliation form to the builder. The builder will be given a specified time period to provide a written response back to ONHWP on the outstanding items. The Customer Service Representative will attempt to negotiate a resolution. If the issues cannot be settled, an inspection will be booked.
When a dispute goes to conciliation, an on-site meeting is arranged between the homeowner, the builder and a trained ONHWP Warranty Representative. The purpose of this meeting is determine whether the item in question is covered by the warranty.
After the conciliation, the ONHWP Warranty Representative prepares a report listing what is and is not covered under warranty, what action is required and a timetable for completion of repairs.
You should allow your builder access during normal business hours to make the necessary repairs. If you refuse to allow your builder access, ONHWP cannot arrange for the repair to be made if your builder is willing to do the work. You should advise ONHWP when the repairs are completed satisfactorily.
Usually ONHWP can resolve disagreements quickly, satisfying both the homeowner and the builder. Any homeowner who disagrees with ONHWP's ruling is urged to contact the manager at your local ONHWP office to discuss the problem.
In the event the manager is not able to resolve the issue to your satisfaction, a formal decision will be issued which may be appealed to the Commercial Relation Appeal Tribunal (CRAT), an administrative tribunal attached to the Ministry of Consumer and Commercial Relations.
If your builder does not fulfill his warranty obligations or is out of business, ONHWP will honour the warranty. In some cases, a re-inspection by the Warranty Representative will be required before ONHWP can proceed with evaluating the claim. ONHWP will then settle the claim with you directly.