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If you think Tarion has treated you unfairly, we are here to help.

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We are an independent, impartial and confidential office that promotes and protects fairness within Tarion

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    Guidance

    We provide information and advice to help homeowners navigate Tarion's processes and make referrals where appropriate.

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    Resolution of Fairness Disputes

    We receive, review and seek to resolve complaints, to ensure that Tarion treats homeowners fairly.

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    Recommendations

    We make recommendations to resolve fairness disputes and promote fair treatment.

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Case Stories

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    Courtesy or Warranty?

    Mr. P reached out to the Ombudsperson Office with complaints about his Warranty Assessment Report and the Warranty Services Representative who conducted the inspection. Mr. P stated that there were items which the builder had determined to be faulty and which he had agreed to repair.  However, at the inspection, these items were assessed to be not warranted.  Mr. P. believed that this demonstrated incompetence on the part of the Warranty Services Representative.   The Ombudsperson Office reviewed the file and determined that the Warranty Services Representative had inspected all items using the existing standards of Tarion’s Construction Performance Guidelines and the Ontario Building Code. The assessment process was found to be fair.   The Office advised Mr. P that the job of the Warranty Service Representative is to determine whether or not items listed on the statutory form are covered under the warranty, as outlined in the Ontario Home Warranties Plan Act.   The builder may be willing to repair items that are determined to be not warranted as a goodwill gesture to customers.  This happens frequently and is separate from Tarion’s assessment of warrantability.  The fact that the builder is willing to repair a non-warranted item does not mean that the Warranty Services Representative has made an error or displayed poor judgement.  

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    Waiting for an Urgent Inspection

    On June 27th, Mr. B called Tarion’s Customer Service line about heavy water penetration from the roof that was damaging the ceiling of his 3-year-old home.   He had already submitted a Major Structural Defect form, but was concerned because the water was leaking through the ceiling light fixture, which Mr. B believed to be a safety issue that needed to be addressed immediately.  He had an independent contractor willing to repair the roof right away and he wanted to know whether he could have the repairs done and invoice Tarion. Customer service put Mr. B through to the Technical Desk in order to determine whether the situation was an emergency. He reached the Technical Desk representative the following day, only to be told that the water penetration was a two-year issue and would not be covered under the remaining warranty.  When Mr. B requested this response in writing, he was told that this would not be possible.  In frustration, he contacted the Ombudsperson Office to request help. Our Office reviewed the file and as a result the file was escalated to the Manager of the Technical Desk and the Director of Customer Service.  This led to an Investigative Inspection being booked the same day.  This allowed Tarion to review the situation immediately to determine whether it would be covered under the warranty.

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    Phone Tag Fairness

    Ms. K contacted the Ombudsperson to indicate she was worried that her request for a conciliation inspection had not been received by Tarion.  Ms. K was aware of her responsibilities to request the inspection within a set timeframe and knew that failure to do so could result in her losing the opportunity to have her 30-Day items assessed for warrantability.   Ms. K informed the Ombudsperson Office that she had called Tarion to schedule the inspection two weeks prior to the deadline. The call was not picked up and she left a voicemail message at that time, but did not receive a call back from Tarion. One day before the deadline to request the conciliation was reached, Ms. K again called Tarion to determine whether her voicemail had been received. She was informed that no inspection had been scheduled as yet, but that she could still request the inspection online or over the phone. She elected to do so over the phone and was transferred to the scheduling department at Tarion.  Again, the call was not picked up and Ms. K left a voicemail.  When Ms. K contacted the Ombudsperson Office, the deadline to request the conciliation had passed and she still had not received confirmation from Tarion that her inspection had been booked.   The Office contacted the Customer Service Department on Ms. K’s behalf and learned that Tarion did attempt to return her original message but that her request for a conciliation inspection had never been confirmed by Tarion.  The Customer Service Department determined that, based on their records, it was clear that Ms. K had attempted to make the request within the given timelines.  Therefore, they agreed to accept the request for inspection although the deadline had passed.  The Ombudsperson Office stayed in contact with Ms. K and Customer Service until it was confirmed that the conciliation inspection had been scheduled.   

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Reports

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    A Review of Tarion’s Video and Audio Recording Policy (April 2019)

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    2018 Annual Report

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    2017 Annual Report

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    2016 Annual Report

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