What happens if I disagree with Tarion's decision on my warranty claim?
If you disagree with how Tarion has assessed your warranty claim — for example, if they denied the claim or you believe the proposed repair is inadequate — you have the right to request conciliation.
Conciliation is a formal review process in which a Tarion conciliation officer inspects the home independently. You and the builder both have an opportunity to present information. The conciliator then makes a determination about whether the defect falls within warranty coverage and what remedy is appropriate. Conciliation is not the same as an independent arbitration — Tarion's conciliation officer works for Tarion — but the process does provide a structured re-examination of your claim.
There is a fee for requesting conciliation, though that fee is refunded if the conciliation is decided in your favour. If you are still dissatisfied after conciliation, the Licence Appeal Tribunal (LAT) has jurisdiction to hear disputes about Tarion warranty decisions. LAT proceedings are more formal and quasi-judicial.
At either stage — conciliation or LAT — having a lawyer review your file and help you present the evidence clearly is advisable, particularly for higher-value claims. Time limits apply at each step, so do not delay after receiving a Tarion decision you intend to challenge.
Key takeaways
- If you disagree with a warranty claim decision, you can request conciliation with Tarion
- Conciliation involves an on-site inspection and a written determination
- The conciliation fee is refunded if decided in your favour
- Disputes that survive conciliation can proceed to the Licence Appeal Tribunal