The British Columbia Law Institute’s project on warranties and related issues arising from defects in new housing grew from public concern during the 1990s, when the problem of “leaky condos” in the lower mainland demonstrated the inadequacy of legal protection for purchasers of new condos. This project considers the need for statutory warranties that would be read into every contract for sale and purchase of a newly constructed residence. Reform options discussed include extending current consumer protection legislation such as the Trade Practice Act, or developing a “home buyers bill of rights” with similar provisions to the Sale of Goods Act. Issues relating to disclosure are also discussed. With the enactment of the Homeowner Protection Act which included provisions addressing home warranties, the project committee chose to disband and observe the operation of the new legislation until it became possible to draw conclusions as to its effectiveness.
Keywords: housing, tenancy & neighbours, buying or selling, condominiums, warranties, vendors and purchasers, Homeowner Protection Act, Barrett Commission, consumer, consumer protection, New Home Warranties Project Committee
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