10 Tips for Navigating the Tarion Warranty System

The Tarion Warranty Corporation is a non-profit corporation that administers the Ontario New Home Warranties Plan Act (ONHWPA). This government legislation protects consumers who purchase or build new homes, condominiums and condos in the province of Ontario. The Tarion Warranty System protects buyers from defects in workmanship and materials on newly constructed homes for up to seven years after closing. Real estate lawyers can help buyers understand their rights under this warranty system and any potential issues that may arise during the construction process. This article provides 10 tips for navigating the Tarion Warranty System when buying a new home in Ontario.

1. Understand the different types of warranties offered by Tarion, including the one-year warranty, the two-year warranty, and the seven-year warranty.

The Tarion Warranty Corporation offers several types of warranties to protect new home buyers in Ontario, Canada. These warranties cover defects in workmanship and materials for up to seven years after closing. The three main warranties provided by Tarion are the following:

The one-year warranty covers defects in workmanship and materials, and non-compliance with the Ontario Building Code, that become apparent within the first year of possession.
The two-year warranty covers defects in the electrical, plumbing, and heating systems, as well as defects in the building envelope (e.g. walls, roof, and foundation), that become apparent within the first two years of possession.
The seven-year warranty covers major structural defects within the first seven years of possession.

It is important to note that the above warranties are the minimum coverage required by the Tarion Warranty Corporation. Some builders may have additional warranties that they offer to their buyers. Reviewing the builder’s warranty document to understand the coverage provided is always a good idea.

It is also important to note that the warranty period starts from the date of possession and not the date of closing. Therefore, it is important to be aware of the date of possession and to report any issues to the builder and Tarion as soon as possible.

It is essential to understand the different types of warranties offered by Tarion and their coverage to be able to make the most of the warranty protection offered and to be able to file the warranty claims within the required timelines.

If you are looking to buy or build a new home in Ontario, Canada and want to make sure you understand your rights under the Tarion Warranty System, then it is essential to seek the help of a Real Estate Lawyer near you. Real Estate Lawyers understand the different types of warranty protection offered by Tarion, as well as any potential issues that may arise during the construction process. Real Estate Lawyers in Ottawa are particularly knowledgeable about Tarion Real Estate Law and can help buyers understand their rights under this warranty system, as well as any potential issues that may arise during the construction process.

2. Review the Tarion Warranty manual, which can be found on the Tarion website, to familiarize yourself with the terms and conditions of the warranty

The Tarion Warranty manual is a comprehensive guide that provides detailed information on the warranties offered by Tarion, including the types of coverage provided, the process for making a claim, and the dispute resolution process. The manual can be found on the Tarion website and can be downloaded in PDF format.

By reviewing the Tarion Warranty manual, you will be able to understand the terms and conditions of the warranty, including the types of defects that are covered, the timelines for making a claim, and the documentation required to support a claim. The manual also provides information on the dispute resolution process and the timelines for resolving disputes.

The Tarion Warranty manual also provides important contact information, such as the phone number and email address for the Tarion Warranty Corporation and the builder’s contact information.

It’s important to keep the manual handy and refer to it as needed throughout the warranty period.

By familiarizing yourself with the terms and conditions of the warranty, you’ll be better prepared to make a claim if an issue arises, and you’ll be more likely to have your claim approved by Tarion. It will also make it easier for you to understand the dispute resolution process and timelines if needed.

3. Keep detailed records of any issues or concerns that you have with your new home, including dates, descriptions, and any correspondence with the builder

When purchasing a new home, it’s important to keep detailed records of any issues or concerns that you have with the home, including the date the issue was discovered, a detailed description of the issue, and any correspondence that you have with the builder. This includes any phone calls, emails, and in-person meetings.

By keeping detailed records, you will be able to provide Tarion with a clear and concise summary of the issues that you have encountered with your home, which will help to support your claim. You will also have a record of all your correspondence with the builder and Tarion and be able to show that you had made them aware of the issues in a timely manner.

It’s important to keep all the records, including correspondence, photographs, receipts and any other document related to the issues, in a safe place and easily accessible.

It’s essential to keep track of all the issues and concerns that you have with your new home, as well as all the correspondence that you have with the builder and Tarion, as this will help to support your claim and will also help to demonstrate that you have made every effort to resolve the issues with the builder before contacting Tarion.

By keeping detailed records, you will be better prepared to make a claim and more likely to have your claim approved by Tarion. Additionally, it will help you to stay organized and on top of any issues that may arise with your new home.

Property lawyers can provide valuable legal advice and guidance on how to protect your rights under the Tarion Warranty System, including the dispute resolution process. Real Estate Lawyers in Ottawa and Real Estate Lawyers near you are available to provide knowledgeable legal advice on the Tarion Warranty System. Working with an experienced Real Estate Lawyer will ensure that you understand your rights and can navigate the Tarion Warranty System successfully. Getting legal advice from a Tarion Real Estate Lawyer is essential to ensure the best possible outcome for your new home purchase.

4. Report any issues or concerns to the builder in writing as soon as possible, and keep copies of all correspondence

When purchasing a new home, it’s important to inform the builder of any issues or concerns that you have with the home as soon as possible. This should be done in writing, whether through email or letter, and you should keep a copy of the correspondence for your records.

By informing the builder in writing, you are creating a formal record of the issue, and it will be more difficult for the builder to deny that they were aware of the problem. Additionally, it demonstrates that you are taking the issue seriously and are expecting the builder to address it in a timely manner.

When you inform the builder of an issue, be sure to include details such as:

The date the issue was discovered
A detailed description of the issue
Any photographs or other documentation that support your claim
Your expectation for a resolution, including a timeline for repairs

It’s also important to keep a copy of all correspondence with the builder, including any email or letter exchanges, as this will help to support your claim if you need to file a warranty claim with Tarion.

It’s important to communicate with the builder in writing, as it will provide a clear and concise record of the issue and it will demonstrate that you have made every effort to resolve the issue with the builder before contacting Tarion. Additionally, it will help you to stay organized and on top of any issues that may arise with your new home.

Suppose you are in the process of purchasing a new home and have encountered issues with the build. In that case, it is essential to understand your rights and responsibilities under Tarion’s Warranty System. Real Estate Lawyers in Ottawa and in your area can provide valuable legal advice on how to protect your rights under the Tarion Warranty System, including what to do if you encounter problems with your new home. A Real Estate Lawyer can provide you with the guidance and support you need to ensure the best possible outcome for your purchase.

5. Respond promptly to any requests for information or documents

When making a claim under the Tarion Warranty, it’s important to act promptly and within the timelines specified in the Tarion Warranty manual. These timelines vary depending on the type of defect and the stage of construction, so it’s important to review the manual and understand the timelines that apply to your situation.

For example, there is a 30-day defect notification period for new homes, during which the homeowner is responsible for notifying the builder of any defects. The builder then has a certain number of days to repair the defects. If the builder fails to repair the defects within the specified timeframe, the homeowner can then file a claim with Tarion.

Similarly, there is a one-year warranty period for new homes, during which the homeowner can file a claim for defects that the builder does not repair within the specified timeframe.

It’s important to act promptly and within the timelines specified in the Tarion Warranty manual when making a claim because if you do not, you may forfeit your right to make a claim. If you miss the deadline for filing a claim, Tarion may deny your claim.

To ensure that you meet the timelines for making a claim, it’s important to:

Review the Tarion Warranty manual and understand the timelines that apply to your situation
Keep detailed records of any issues or concerns that you have with your new home, including dates, descriptions, and any correspondence with the builder.
Inform the builder of any issues or concerns that you have with your new home in writing as soon as possible and keep a copy of the correspondence

By acting promptly and within the timelines specified in the Tarion Warranty manual when making a claim, you’ll be more likely to have your claim approved by Tarion. Additionally, it will help you to stay organized and on top of any issues that may arise with your new home.

Suppose you are embroiled in a new home warranty dispute or have encountered any problems with the build. In that case, it is essential to understand your rights and responsibilities under Tarion’s Warranty System. To secure a favourable outcome for your purchase, turn to Real Estate Lawyers in Ottawa and nearby areas who offer invaluable legal counsel on how to preserve your entitlements under the Tarion Warranty System.

6. Understand the dispute resolution process and timelines for resolving issues through Tarion

When making a claim under the Tarion Warranty, it’s important to be prepared to provide evidence to support your claim. This may include photographs, videos, receipts, and other relevant documentation supporting your claim.

For example, if you are making a claim for a leaky roof, you should take photographs of the leak and any damage it has caused to the interior of your home. If you have receipts for repairs that you have made, be sure to keep them, as they may be required as evidence.

It’s also important to keep detailed records of any issues or concerns that you have with your new home, including dates, descriptions, and any correspondence with the builder. This information will help to support your claim and demonstrate that you have made every effort to resolve the issue with the builder before contacting Tarion.

It’s also important to be specific when describing the defect and provide any photographs or other documentation that will help to verify the defect. Additionally, it’s important to be honest and transparent when providing information to Tarion, as this will demonstrate that you are making a legitimate claim.

By being prepared to provide evidence to support your claim, you will be more likely to have your claim approved by Tarion. Additionally, it will help you to stay organized and on top of any issues that may arise with your new home.

If you are facing a new home warranty dispute and need help navigating the Tarion Warranty System, it’s important to turn to an experienced Real Estate Lawyer. An experienced lawyer will be able to provide valuable guidance and advice on your rights and responsibilities under Tarion’s Warranty System. They will also be able to explain the dispute resolution process and the options available to you. With their help, you will be better equipped to resolve any issues that may arise with your new home. Seek out a Real Estate Lawyer near you today for the best chance of achieving a favourable outcome for your purchase.

7. Gather evidence to support your claim

When making a claim under the Tarion Warranty, it’s important to consider hiring a professional home inspector to assess any issues with your new home before making a claim. A professional home inspector can provide a detailed and unbiased assessment of the issues with your home and can provide evidence to support your claim.

A home inspector will conduct a thorough examination of the home and will provide a written report that includes a description of any defects or issues that were found, along with recommendations for repairs or further investigation. This report can be used as evidence when making a claim with Tarion.

Hiring a home inspector can also help to identify issues that you may not be aware of, such as structural or mechanical problems, and can provide you with a better understanding of the condition of your home.

It’s important to consider hiring a professional home inspector before making a claim because they can help to support your claim and provide evidence that the issues with your home are real and not just perceived. Additionally, it will help you to stay organized and on top of any issues that may arise with your new home.

It’s worth noting that some builders have their own inspectors, and they may provide inspection as part of their service. It’s important to inquire about it and get the inspection done as soon as possible before making a claim.

8. Be prepared for the inspection and review process

When making a claim under the Tarion Warranty, it’s important to be prepared to negotiate with your builder and Tarion to reach a resolution. Making a claim can be complex and time-consuming, and it’s important to be willing to work with the builder and Tarion to reach a fair and reasonable resolution for all parties.

It’s important to understand that the builder and Tarion are separate entities, and they may have different perspectives on the issue. The builder may want to resolve the issue quickly and with minimal cost, while Tarion may be focused on ensuring that the homeowner is satisfied and that the issue is resolved to the homeowner’s satisfaction.

It’s important to be prepared to negotiate with your builder and Tarion to reach a resolution by:

Being open to different solutions
Communicating clearly and effectively
Being willing to compromise
Being patient

By being prepared to negotiate with your builder and Tarion, you will be more likely to reach a resolution that is fair and reasonable for all parties. Additionally, it will help you to stay organized and on top of any issues that may arise with your new home.

It’s also worth noting that Tarion has a dispute resolution process that you can use to resolve disputes with your builder. This process is designed to be quicker and less expensive than going to court. This process is not mandatory, but it’s an option that you can consider if you are unable to reach an agreement with the builder.

9. Keep detailed records of all communication and documentation related to your claim

When making a claim under the Tarion Warranty, it’s important to stay informed about the Tarion Warranty and the rights and responsibilities of homeowners and builders. Understanding the process and your rights and responsibilities will help you to navigate the system more effectively and increase your chances of a successful claim.

Tarion provides a wealth of information on its website, including the Tarion Warranty and the rights and responsibilities of homeowners and builders. It’s important to familiarize yourself with this information and to stay updated on any changes to the Tarion Warranty.

Additionally, you should also educate yourself about the building codes and standards that apply to your new home. Understanding these codes and standards will help you to identify any issues with your home that the Tarion Warranty may cover.

It’s also a good idea to keep informed about the local building industry and to stay updated on any developments or changes that may affect your new home. This can include changes to building codes, regulations, or industry standards.

By staying informed about the Tarion Warranty and the rights and responsibilities of homeowners and builders, you will be better equipped to navigate the system and make a successful claim.

Additionally, you can also get informed by consulting with professionals such as lawyers or other experts in the field of new home construction. This can be helpful to have a better understanding of the process and your rights and responsibilities.

10. Seek professional advice if needed

When making a claim under the Tarion Warranty, it’s important to seek professional advice if needed. The process of making a claim can be complex and time-consuming, and it’s important to have the right support and guidance to navigate the system effectively.

Suppose you need clarification about the process of making a claim or your rights and responsibilities as a homeowner. In that case, it may be helpful to consult with a lawyer specializing in construction law or a professional with experience with the Tarion Warranty. These professionals can provide you with guidance and advice on how to make a claim and can help you to understand the rights and responsibilities of homeowners and builders.

Additionally, if your claim involves a dispute or a legal matter, consult with a lawyer. A lawyer can provide you with legal advice and representation and can help you to navigate the dispute resolution process or court proceedings.

If your claim is related to an issue with the workmanship or materials of your home, consult with a professional inspector or engineer. These professionals can provide you with an independent assessment of the issue and can help you to understand the scope of the problem and the best course of action to take.

Seeking professional advice can also be beneficial if you are not familiar with the language used in the process or technical terms used in construction. By consulting with an experienced professional, you increase the chances of effectively navigating the Tarion Warranty system and making a successful claim. Furthermore, you will be able to better understand your rights and responsibilities as a homeowner and resolve any issues that may arise with your new home.

Conclusion

In conclusion, the Tarion Warranty system can be a complex and time-consuming process for homeowners. By following these tips, you can navigate the system more effectively and increase your chances of making a successful claim. However, it’s important to remember that every claim is unique, and it may be helpful to seek professional advice if needed. If you are seeking professional advice on the Tarion Warranty or any other aspect of real estate law, it’s recommended that you contact a real estate lawyer near you.

For example, if you live in Ottawa, Canada, Nirman’s Law is a reputable law firm that specializes in real estate law and can provide you with expert advice and guidance on the Tarion Warranty system and other real estate matters. They have a team of experienced lawyers who can help you to understand your rights and responsibilities as a homeowner and to navigate the Tarion Warranty system effectively.

Disclaimer:

This website’s content and any blog posts or news are intended solely for informational purposes and should not be considered legal advice. We provide this article as a general guideline, which may not apply in all circumstances, so it’s important to consult with an experienced Real Estate Lawyer Near you or Ottawa Real Estate Lawyer before taking action based on the information provided here.

If you need more information about title insurance or on Ottawa real estate law, then don’t hesitate to reach out to Nirman’s Law for assistance. Nirman’s Law is Ottawa’s premier law firm for real estate matters, offering both traditional in-person legal services and cutting-edge virtual real estate services.