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Is My Home Covered?

Purchasing a new home is an exciting time in one’s life. If you have purchased a new home in Ontario, then you have likely heard of the Tarion home warranty. If this is the case, you may find yourself wondering what this warranty covers.

What is Tarion?

Tarion is a warranty created by statute that enforces the Ontario New Home Warranties Plan Act. The warranty extends to virtually all new homes, so long as the home is constructed by a builder who intends to build a brand-new home. Although the Act does not specifically define what a “home” is in terms of warranty coverage, Tarion extends to almost all single family homes in Ontario, whether the home be a freestanding building or a new condominium unit. Tarion may also cover select defects in a resale home if the home is under seven years old.

The one-year warranty:

  • Requires that your home be constructed in a workman-like manner;
  • Requires that your home be free from defects in building material;
  • Protects from unauthorized substitutions, meaning that the builder may not substitute items that you specifically agreed upon such as flooring, fixtures, and pain colors;
  • Protects from homes that are unfit for habitation; and
  • Requires your home to be in keeping with the Ontario Building Code.

The two-year warranty covers:

  • Water penetration through your home’s foundation or basement;
  • Defects affecting windows and doors that result in water penetration;
  • Defects in electrical, plumbing, and heating systems;
  • Defects in exterior finishes such as brick or vinyl siding; and
  • Violations of the Ontario Building Code that might affect your health and safety while living in your home.

The seven-year warranty covers major structural defects affecting your home, including any aspect of your home which:

  • Results in failure of load-bearing element of the dwelling or adversely affects the ability of a load-bearing element to bear ordinary weight; or
  • Affects the use of a significant portion of your home for purposes that are ordinary for a residential dwelling.
  • Damage due to soil movement, significant cracks in the walls of your basement, and a collapse or serious defect in your roof.
  • Tarion specifically excludes from its coverage:
  • Wear and tear such as minor cracks, scuffs, and scratches;
  • Improper maintenance on the part of the homeowner;
  • Damage caused by service providers, “acts of God,” vandals, insects, or rodents;
  • Extra warranties provided by the builder of your home;
  • Elevators; and
  • HVAC systems.

For more information on Tarion’s coverage for your new home, visit www.tarion.com or call 905-273-5578 to schedule a consultation speak with an experienced real estate lawyer at Mason Law Office about your home.

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