You may submit your claim by sending it via courier, regular mail or registered mail to 5160 Yonge St., 12th Floor, Toronto, Ontario M2N 6L9.

Transcription

1 Delayed Closing/Occupancy Homeowner Instruction Guide (For homes with an Agreement of Purchase & Sale signed before July 1, 2008; and for condominium projects where the Agreement of Purchase & Sale for the first unit sold in the project was signed before July 1, 2008.) Please read the following information carefully and follow the instructions on pages 2 to 4 for completing the Delayed Closing/Occupancy Form on pages 5 and 6 before making a claim for compensation. Prior to completing this Form, please refer to the appropriate section of the Homeowner Information Package or our Web site at to determine if and when you can claim compensation for a Delayed Closing/Occupancy. Rules for submitting a claim (The Warranty Submission Rules) Complete and submit only one Delayed Closing/Occupancy Form with all required documents, copies of receipts/invoices, and other information to support your claim, to both your Vendor/Builder and to Tarion. Remember to retain copies of each document and receipt for your records. You may submit your claim by sending it via courier, regular mail or registered mail to 5160 Yonge St., 12th Floor, Toronto, Ontario M2N 6L9. IMPORTANT: Make sure that you have all documents before you submit the Delayed Closing/Occupancy Form. Only one complete Delayed Closing/Occupancy Form will be accepted by Tarion. We do not require that you send us receipts for living expenses claimed but you should keep copies of the receipts as you will be required to provide them to your Vendor/Builder in the event that your Vendor/Builder disputes your claim. If we request these receipts and you do not provide them, your claim may be denied. Information which is not provided with your submission may not be accepted by Tarion at a later date, and may result in the rejection of your claim. Delayed Closing/Occupancy Claim Service Rules 1) Tarion will send a letter notifying your Vendor/Builder of your claim submission. The Vendor/Builder has 30 days after Tarion receives your Form to settle your claim. Tarion will also send you a letter specifying the dates to call should your Vendor/Builder fail to settle the claim with you. 2) If for any reason the Vendor/Builder does not settle the claim with you by the end of the 30 day period, you may contact Tarion within the next 30 days to request an assessment of your claim. If you do not contact Tarion within that time, Tarion will consider the matter resolved. 3) Effective October 1, 2010, Tarion will require a $ fee (plus applicable taxes) if you request an assessment of your Delayed Closing/Occupancy claim. However, the fee will be refunded to you, after the assessment is conducted, if Tarion s report determines that your claim is valid in whole or in part. Please do not submit the fee at this time. TARN-DCDOF Page 1 of 6

2 4) Your Vendor/Builder will have 30 days from the day that you request an assessment to settle the matter or provide Tarion with substantiating documentation if they dispute your claim. The information provided by you and the Vendor/Builder will be reviewed to determine whether the claim is valid or invalid. 5) If the claim is determined to be valid, your Vendor/Builder will have 30 days from the date of our assessment report to settle the claim with you. Tarion will contact you 30 days after Tarion issues its assessment report to confirm that the claim has been settled. If the claim has not been settled, Tarion will settle the claim with you directly. Delayed Closing/Occupancy Form Completion Instructions Please follow these instructions carefully. Please note that if the Delayed Closing/Occupancy Form is not properly completed or any relevant supporting documentation is missing, your request for a Delayed Closing/Occupancy compensation claim may be rejected by Tarion. Home Identification Information This section provides information about your home. You may refer to your Certificate of Completion and Possession to get this information. If you do not have this information please call our Contact Centre at TARION ( ) for assistance. Homeowner Contact Information This section provides us information about you and how to contact you if we require additional information. If your mailing address is different from the address of the home under warranty, include your complete mailing address, including postal code. Questions about your delay Please ensure that you answer these questions. This information will help us in assessing your claim. Additional required information Attach documentation to support your claim and place a checkmark in the appropriate boxes provided. Please note that all of the listed documents are required for us to process your Delayed Closing/Occupancy compensation claim. Cost Calculations - This section sets out costs, typically direct costs and living expenses that may be reimbursable. The items identified in the sections are explained below along with the documentation or information you are required to submit to substantiate your claim. Direct costs Moving: You must provide receipts for your total moving costs. You will normally incur one moving expense when purchasing a new home. If you had to make more than one move during the delay period, you can claim for the extra moving costs you incurred. You must submit receipts for both the initial move and any subsequent moves. You also need to provide an estimate to show what it would have cost you to move if there had been no delay. Costs to move might include: o From a previous residence to a temporary residence o From a temporary residence to a new residence o From a previous residence to storage o From storage to a new residence TARN-DCDOF Page 2 of 6

3 Storage: You must provide receipts for the total amount of your direct costs claimed for storage costs resulting from the delay. Provide a storage agreement and invoice showing dates of service and amount paid. All Other Direct Costs: You must provide receipts to claim the costs referred to here. Some examples are pet boarding, Canada Post charges to hold mail, or extra telephone hook- up. Total Direct Costs: Add the amounts in the above lines to get this total. Living expenses Accommodations: State the total amount of your direct costs claimed for accommodations during the delay. i) Where your accommodation was obtained through an arm s length commercial transaction, you must submit proof of the cost of that accommodation such as: hotel/motel invoice, a rental lease agreement or a statement from the property management company outlining the terms of the rental agreement. ii) Where your accommodation was obtained through a private transaction, you must submit proof of the cost of that accommodation such as: A signed statement (sworn in front of a commissioner of oaths) from the landlord including: o His/Her name, address, and telephone number o Address of the rental property o Description of the accommodation rented (Example: bedroom in a house; basement apartment) o Length of stay (Example: May 2, 2008 to May 20, 2008) o Amount received as rent o What was included in the rent as a breakdown of these charges (Example: groceries, utilities, meals) Meals: Direct costs claimed for meals during the delay. If you had use of cooking facilities during the delay, you cannot claim meals. If you did not have cooking facilities and are claiming meals, you must submit proof of the cost of those meals such as detailed restaurant bills. Other Living Expenses: State the total amount of other living expenses you have incurred and wish to claim. You must provide a detailed explanation of the incidental expense(s) you are claiming. Examples: o Laundry - 4 loads of $1.25 a load o Transportation 20 extra kilometers to and from work You may use additional paper if necessary. TARN-DCDOF Page 3 of 6

4 Total Living Expenses: Add the lines above to get this total. Please note that the total amount claimed will be subject to $100 per day maximum. (Note you may be required at a later date to provide proof of payment as outlined in the Guidelines below). Total Costs Incurred: Add the total direct cost to the total living expenses to get this total. Signature You must sign and date the form and send a copy of the form to your Vendor/Builder. Guidelines for providing proof of payment where required: For Commercial transactions You may submit copies of cancelled cheques, receipts, credit card slips or statements, bank statements, debit card slips, etc. We will not reimburse applicable taxes without a copy of the receipt showing that the tax has been paid. For Private transactions Please note that cheque or cash payments to friends and relatives will require a sworn affidavit, commissioned by a commissioner of oaths, from the friend or relative swearing that they received the cheque or cash from you and providing details of what the payment was regarding. Please note further information may be required for us to verify your claim. If we require any additional information we will contact you. To ensure your claim is processed properly, please remember to: Complete all areas of the Delayed Closing/Occupancy Form Attach copies of all documents as requested on the Delayed Closing/Occupancy Form Attach copies of all required receipts and invoices Keep copies or originals of all receipts, invoices and documents for your own records Send copies of the Delayed Closing/Occupancy Form, receipts and documents for expenses claimed to your Vendor/Builder TARN-DCDOF Page 4 of 6

5 Delayed Closing/Occupancy Form (For homes with an Agreement of Purchase & Sale signed before July 1, 2008; and for condominium projects where the Agreement of Purchase & Sale for the first unit sold in the project was signed before July 1, 2008.) You must use this form to claim compensation for living expenses and direct costs as a result of a delay in the closing of your home or delay in occupancy for your condominium unit which occurred without proper notice to you or exceeded the maximum allowable notice timeframe. Please refer to the preceding instruction guide before completing this form. You must submit a copy of this form to both your builder and to Tarion at 5160 Yonge Street, 12th Floor, Toronto, ON M2N 6L9 within the first year of possession. Home Identification Information (Refer to your Certificate of Completion and Possession to complete this box.) Date of possession / / Vendor/Builder Ref. # Unit Enrolment # (YYYY/MM/DD) Civic Address (address of home under warranty) and Lot# (where applicable): Homeowner Contact Information Mailing address for correspondence with homeowner (if different from above): Homeowner s name: Daytime phone number: Homeowner s name: Daytime phone number: Evening phone number: Evening phone number: Fax number: Fax number: address: address: Questions about your delay 1. Has your Vendor/Builder compensated you in any way for the delay? Yes No If yes, please provide details and supporting documents: 2. Are you presently withholding any funds from your Vendor/Builder pending this claim? Yes No If yes, please provide details and supporting documents: 3. Did you move in prior to taking possession of your home? Yes No If yes, please provide details and supporting documents: TARN-DCDOF Page 5 of 6

6 Additional required information and documentation You must include the following documents to support your claim and the calculation of the number of Days Delayed. Please check off the documents attached: Complete copy of Agreement of Purchase and Sale or construction contract, including all schedules and amendments and addendums. Copies of all correspondence regarding the closing/occupancy date from your Vendor/Builder or its agents including any notices of extensions. Copy of any agreements or releases signed by me regarding delay in my closing/occupancy. Copy of Transfer Deed of Land (for freehold home). Statement of Adjustments on Closing (for freehold home or condo unit) or Interim Statement of Adjustments on Occupancy (for condo). Copy of receipts, invoices and proof of payment for expenses being claimed (see Guidelines for providing proof of payment). Cost Calculations Please include all expenses incurred, even if the amount exceeds the maximum allowable claim amount. Direct costs Moving: $ Living Expenses Total Accommodations Costs: $ Storage: $ All Other Direct Costs: $ Total Direct Costs: $ Meals (if no kitchen facilities): $ Other Living Expenses: $ Total Living Expenses: $ Total Costs Incurred (total Direct Costs + total Living Expenses): $ Total Claim Amount (if total costs exceeds $5,000.00, enter $5, here): $ The maximum claim allowed under the Ontario New Home Warranties Plan Act is $5, Signature Please sign and date below. You may be asked to provide additional information in support of your claim. I declare that the information provided is true, correct and complete. I understand that if I make a false declaration, or fail to disclose all information material to my claim, that my Delayed Closing/Delayed Occupancy claim may be denied. Homeowner s signature: Date: / / (YYYY/MM/DD) Homeowner s signature: Date: / / (YYYY/MM/DD) Remember to send a copy of this completed form, receipts and documents for expenses claimed to your Vendor/Builder. TARN-DCDOF Page 6 of 6