Builder Issues with Tarion
Builders Arbitration Forum and Alternatives to the Builders Arbitration Forum
Tarion, pursuant to Bulletin 41, created the Builders Arbitration Forum (BAF). Builder Bulletins are promulgated from time to time by Tarion to set out requirements builders must meet as part of the terms and conditions of continued registration.
Bulletin 41, does not have the force of statute or regulation, but is designed to provide to builders a right of appeal to BAF from findings of breaches of warranty, which appeal rights are subject to Tarion's exclusive discretion. Theoretically, BAF allows builders to appeal all unfavourable conciliations to that forum, including delayed closing claims, contested substitutions, deposit refund disputes, and breaches of warranty.
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