Toronto Star article on the class-action lawsuit: http://www.thestar.com/business/201...tml?utm_source=twitterfeed&utm_medium=twitter
Emerald City Condos (ELAD Canada) - Real Estate -
- Thread starter newbuyer
- Start date
LowPolygon
Senior Member
its going to be hard to wiggle out of the claim that they were selling underground access to the subway:
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enigma0t2
New Member
its going to be hard to wiggle out of the claim that they were selling underground access to the subway:
Just to play devil's advocate here ...
... could they not argue that:
1) the lawsuit only involve Phase 1 buyers, and not Phase 3
2) that video is from an independent real estate agent named Nazaar Shadir, and is thus not actually ELAD
All that being said ... I do recall my own experience when I was at the sales office when I made the decision to purchase, that I was given the impression that an underground access to the subway was going to be available to everyone in all three buildings.
Canchris7
Active Member
I agree with your point about the real estate agent. There are many postings by agents pushing the buildings. I recall as well that description that you mentioned. I was told that underground access to the subway will be by way of a tunnel connecting tower 3 to tower 1( which I bet you now will end up being the parking garage) and as such will have access to the subway through tower 1. I have gone through all my documents once again this weekend and could not find anything in the legal documents, or promo materials that specifically states that the dream tower will have underground access all the way to the subway. They does state direct access though.
newbuyer
Active Member
I do remember vividly that they mentioned this on their original promotion video. I believe it also mentioned on the docs/Emerald City booklet that Phase 1 has direct access to subway and mall. That's why I had been mentioning these features to my friends and family before Phase 1 was completed.
alvin545
New Member
There's a reddit thread on the class-action lawsuit as well: http://www.reddit.com/r/toronto/comments/246od0/north_york_condo_developer_faces_30million_lawsuit/
I think at the end of the day, the judgement of the suit will be based on what's in the purchase agreement and not the advertisement booklets. Which is unfortunate, because underground access to the TTC/mall would have been quite nice!
I think at the end of the day, the judgement of the suit will be based on what's in the purchase agreement and not the advertisement booklets. Which is unfortunate, because underground access to the TTC/mall would have been quite nice!
animatrix
New Member
Like everybody else, I'm curious to see how this plays out too. My heart is with her and everyone else who also disagrees with how the condo/subway access turned out but my head says there's not much we can do.
They're gonna say words are misinterpret it and it's their words against ours since there's no exact or clear indication exactly how the subway access was laid out. I give her courage fighting for her beliefs....I wish her luck.
They're gonna say words are misinterpret it and it's their words against ours since there's no exact or clear indication exactly how the subway access was laid out. I give her courage fighting for her beliefs....I wish her luck.
TheKingEast
Senior Member
They marketed the hell out of that TTC access. Shame that they didn't follow through.
enigma0t2
New Member
That Reddit thread is pretty interesting. Reading most of the opinions there, I would summarize it as:
1) everyone is mostly sympathetic to Wendy, but think that her lawsuit is probably not going to win
2) the builder is morally-guilty of being deceptive, but probably not legally-guilty
3) that it's generally a bad idea to ever buy pre-construction because condo marketing material can never be trusted
Canchris7
Active Member
I agree, I suspect part of the issue will come down to the interpretation of the wording. Here is a direct quote from the phase 3 promotional book " Dream Tower will be the defining feature of this prime North York neighbourhood, with easy underground access to the subway, across from Fairview mall, and two major highways offering speedy connections in every direction " the question is what is the definition of easy underground access ? when I read it I interpret it to mean that I can access it entirely underground, however they will argue that easy means the majority of the trip from tower 3 to subway is underground, so that makes it easy.
database
New Member
I am in agreement with all of your assessment. The Builder has built in a lot of disclaimers within the contract agreement we all signed. enigma0t2's conclusion sums it well and it will be the most likely outcome. This class action has got nothing to do with any other phases, and it is only with phase 1 buyers. ELAD had probably figured this out by the time when it sells phase 2 that 'Direct Access' is not something they can provide. In my Phase 1 Condominium Documents dated October 10, 2008. which says 'It is anticipated that pedestrian access to and from the Don Mills subway station shall be facilitated by the use of a covered pedestrian walkway' The original draft plan blueprint has a 'proposed new entry' to the subway station. Was ELAD misrepresented the information to the purchasers of Phase I, I don't think anyone doubt that. The question really boils down to whether it's worth the fight? I am worry if I join the class action now to support Wendy, will it affect me when I try to sell this 2 to 3 years down the road while it is still pending on a court date?
BTW., take a look at the attached 'Price List' at the time when I purchased it in Oct. 2009. Look closely to what was highlighted by the Builder's own price list. 'Direct access from the lower lobby to the subway and underground connection to Fairview Mall
BTW., take a look at the attached 'Price List' at the time when I purchased it in Oct. 2009. Look closely to what was highlighted by the Builder's own price list. 'Direct access from the lower lobby to the subway and underground connection to Fairview Mall
Attachments
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Canchris7
Active Member
So the question that will need to be decided is what is the definition of Direct Access ?
Canchris7
Active Member
The following comment was posted on Reddit.
"Most likely scenario: real-estate appraisal firm evaluates the difference in price caused by the misrepresentation (current market value versus. market value with underground access) and unit-owners are compensated.
I can see that happening"
Can someone with knowledge or experience in these types of things comment if this is in fact a possible resolution ?
"Most likely scenario: real-estate appraisal firm evaluates the difference in price caused by the misrepresentation (current market value versus. market value with underground access) and unit-owners are compensated.
I can see that happening"
Can someone with knowledge or experience in these types of things comment if this is in fact a possible resolution ?
newbuyer
Active Member
I am with her and I am among 60 residents that already on board of this class action.
newbuyer
Active Member
What everyone else think about this? When I called the class action lawyer, they said it won't effect if you try to sell the unit 2 or 3 years later. I didn't get the response in writing though, only phone call. If this will effect me if I want to sell it two years from now, I will certainly need to think again about joining the class action.