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@Manitoba

You are welcome. BTW, Sundial is a big builder, and their service should be up to standard. You'd better understand more from the builder's rep. for the reason why he/she said it is not warrantable.

gzdylee(don)
本文发表在 rolia.net 枫下论坛This will help you to avoid unnecessary cost in asking for conciliation from Tarion. If you decide to request the conciliation, there is a 120-day waiting period after your submission of form (Year-end form or 2nd year form). Because: If an owner submits a second-year form to Tarion in the second year of the warranty period, the vendor shall have until the end of the 150th day from the date on which Tarion receives the form to repair or resolve the claim items that are listed on the form and that are covered by a warranty. If the vendor does not repair or resolve all of the claim items listed on the second-year form by the 120th day from the date on which Tarion receives the form, the owner may request a conciliation by contacting Tarion at any time between the 121st day and the 150th day, both inclusive. The vendor shall have 30 days after the date of the owner’s request to repair or resolve all of the claim items listed on the second-year form that are covered by warranty.

I think Year-end Form should have the same timeline, you can call Tarion to check if you can request a conciliation now based on your year-end form. Again, my suggestion is to know the reason why the builder refused to fix it and verify its reasonableness before you made the decision.更多精彩文章及讨论，请光临枫下论坛 rolia.net
(#4998644@0)
Last Updated: 2009-1-21
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Replies, comments and Discussions:

  • 枫下家园 / 美丽家居 / 1.5 yr 新的townhouse, roof leaking since first winter. it happens again on Saturday, builder's rep. came and said -niniye2002(nini); 2009-1-19 {592} (#4994224@0)
    they can't do anything about it. it is even not covered by Tarion Warranty. 非常恼火. 雨天没事, 就是大雪天, 有渗透. 我用盆接到水的.
    他说, 去年漏, 是 风 将雪 倒吹进屋顶里, 这次是ice dam. they can't do anything about it, and it is not covered by Warranty either.
    suggested me to hire contract to set up wires to warm up the roof , it could cost a cople of thousands dollars.
    我说, there should be no way at my cost, if so, I will bring builder to the court. 当然, 这是最后一步. 不知大家有和建议.
    他说, tarion will charge me $50 dollars to do inspection, any idea/ why?

    谢谢大家的意见
    • what the contract says? any of your neighbours have the same problem? -bti2005(squareonesg); 2009-1-19 (#4994360@0)
      • 谢谢. 就我家有问题. 别人屋沿下, 冰棍有一米长, 我家就很短, 少. 他说, you are just unlucky. -niniye2002(nini); 2009-1-19 {256} (#4994398@0)
        我无法接受. 又不是cottage, 冬天漏不算数. 没有contract, 就是新房,builder's office 还在, 就2-3 staff workingthere. 问题是, 去年和今年, 都是一个地方漏. 去年 还有bathroom's vent 漏水. 这次没有.
        我以为, to fix it will cost a lot, they dont' want to do it.
        • 冰棍短代表什么？不好吗？ -zhu(ironic); 2009-1-20 (#4995992@0)
          • 开使以为好, 担心太重, 给roof 压力, 但 its rep. said, 冰棍长, 说明它水流通敞, 我觉的对. 我家就是水流不下来, 才渗回roof 里. -niniye2002(nini); 2009-1-20 (#4996323@0)
    • 据我所知，至少Tarion的Warranty应该Cover这个问题。不要只听Builder一面之词，可以打电话给Tarion问清楚。(416) 229-9200，转Claims Department。 -gzdylee(don); 2009-1-19 (#4994494@0)
      • 请问在那儿可找到 哪些是covered , or not covered. 哪个builder's rep. 也说去找tarion,只是不会covered, 还要交$50. 网上可投诉builder 吗? my coworker has a TH built by Tridal, the builder fix the same problem when she made complaints. -niniye2002(nini); 2009-1-19 (#4994548@0)
        • Tarion 的小册子上会提到那些属于cover 的内容。另可以打电话或去Tarion 的网上查。 -402(WOW); 2009-1-20 (#4995698@0)
        • The fee payable by an owner for a conciliation of a dispute is $50. If Tarion rules that the request for conciliation was justified in any event, the conciliation fee paid by the owner shall be refunded by Tarion. -gzdylee(don); 2009-1-20 (#4996768@0)
          • thank you, gzdylee, I guess my case fits this---defects in work that result in water penetration into the building envelope. . -niniye2002(nini); 2009-1-21 {194} (#4998480@0)
            now the problem is builder ignores my request, it hasn't replied my email yet. I want Tiron to speed up the process to Conciliation. thank you so much for all your help, I will keep you updated
            • You are welcome. BTW, Sundial is a big builder, and their service should be up to standard. You'd better understand more from the builder's rep. for the reason why he/she said it is not warrantable. -gzdylee(don); 2009-1-21 {1282} (#4998644@0)
              本文发表在 rolia.net 枫下论坛This will help you to avoid unnecessary cost in asking for conciliation from Tarion. If you decide to request the conciliation, there is a 120-day waiting period after your submission of form (Year-end form or 2nd year form). Because: If an owner submits a second-year form to Tarion in the second year of the warranty period, the vendor shall have until the end of the 150th day from the date on which Tarion receives the form to repair or resolve the claim items that are listed on the form and that are covered by a warranty. If the vendor does not repair or resolve all of the claim items listed on the second-year form by the 120th day from the date on which Tarion receives the form, the owner may request a conciliation by contacting Tarion at any time between the 121st day and the 150th day, both inclusive. The vendor shall have 30 days after the date of the owner’s request to repair or resolve all of the claim items listed on the second-year form that are covered by warranty.

              I think Year-end Form should have the same timeline, you can call Tarion to check if you can request a conciliation now based on your year-end form. Again, my suggestion is to know the reason why the builder refused to fix it and verify its reasonableness before you made the decision.更多精彩文章及讨论，请光临枫下论坛 rolia.net
        • The Two Year Warranty -gzdylee(don); 2009-1-20 {721} (#4996773@0)
           Protects your home against water penetration through
          the basement or foundation walls;
           Protects your home against defects in materials, including
          windows, doors and caulking, or defects in work that
          result in water penetration into the building envelope;
           Provides coverage for defects in work or materials in
          the electrical, plumbing and heating delivery and
          distribution systems;
           Provides coverage for defects in work or materials
          which result in the detachment, displacement or
          deterioration of exterior cladding (such as brickwork,
          aluminum or vinyl siding);
           Protects against health and safety violations under the
          Ontario Building Code;
           Ensures your home is free of major structural defects.
    • 那个builder? 拿出来晒晒。 -402(WOW); 2009-1-20 (#4995680@0)
      • Sundial homes. I got reply from Tiron, but not the builder. I guess I have to follow the next step to pay $50 , so Tiron to do an inspection and decide. -niniye2002(nini); 2009-1-20 {629} (#4996309@0)
        Now I feel that guy wan't that bad as I thought. he told me to do this and try my luck. I guess he is sure it is not covered by warranty, unless Tiron found other flaw on the roof. but regardless, I don't feel good, the big purchase in your life and you have to pay $$$ to fix the problem for a 1.5 year old house.
        I guess the worse case, I have to go to small claim court, if so, do you think I should pay the contractor to fix the problem first then get money back , or don't fix it, ask the court to order them to fix it?

        big mistake, always buy from big name if you can afford. no matter it is house or car.
        thanks
        • You may try their head office if their site office rep. did not satisfy you. Sometimes different approach may get different result. -402(WOW); 2009-1-21 (#4998846@0)
          • pay the $50 to do the inpection. otherwise, there is not much chance to get money from your builder no matter how hard you try to "talk" with them -days(days); 2009-1-21 (#4998879@0)
            • I asked Tiron to speed up the process , since I can't leave it leaking for the rest of the winter. the rep told me the ontario building starndard code is too low, in other words, they met the requirement. -niniye2002(nini); 2009-1-22 (#5000980@0)
            • A qeustion, if Tiron rules out warranty coverage, how much chance you think I can win from the court? the house warrant is less protective than any other merchandise warranty, that's ridiculous. How can they -niniye2002(nini); 2009-1-22 {194} (#5000989@0)
              tell me that it iis okay you bought a new house and it is leaking, but you can not ask Builder to fix it, you have to fix your new house at your own cost? nobody in my situation can accept that.

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