kremebrulee
New Member
Interesting that the form included in my Tarion package that I received at my PDI has the form for agreements signed after July 1, 2008. Not saying it's the right form....just interesting...
While you are correct that we are eligible for compensation/damages, you linked to the wrong form. As "the Agreement of Purchase & Sale for the first unit sold in the project was signed before July 1, 2008" the proper form is this one. Unfortunately, the limits on compensation are less ($100 per day for living, to a maximum of $5,000 including the living expenses) and there is no automatic $1,500 for less than 10 days' notice. I can confirm that the first agreement was signed prior to July 1, 2008 as mine was in May.
Just wanted to make sure people are dealing with the proper facts. As a side note, before going to Tarion you are supposed to attempt to resolve compensation for delay through the builder. I have requested from BJL who I should contact about this but have yet to hear back.
Interesting that the form included in my Tarion package that I received at my PDI has the form for agreements signed after July 1, 2008. Not saying it's the right form....just interesting...
ONTARIO REGULATION 165/08 - WARRANTY FOR DELAYED CLOSING OR DELAYED OCCUPANCY
Delayed occupancy, condominium homes
3. (1) Subject to subsections (2) and (3), this section applies to a purchase agreement that the parties have entered into on or after April 1, 1991 and before July 1, 2008 for a condominium home.
(2) If, before July 1, 2008, parties have entered into one or more arm’s length purchase agreements in good faith for condominium homes in a condominium project … this section applies to all purchase agreements for all condominium homes in the condominium project and section 6 [Agreements signed after July 1, 2008] does not apply to any of those purchase agreements.
…
(4) Every vendor under a purchase agreement to which this section applies warrants to the purchaser that the vendor shall compensate the owner in accordance with subsection (5) in the event of,
…
(b) a delay in occupancy of the condominium home beyond the later of the confirmed occupancy date fixed as set out in subsections (7) and (8) and the confirmed occupancy date as extended under clause (12) (a) or (b), if the delay commences after June 30, 2009.
(5) The compensation mentioned in subsection (4) shall be for all direct costs caused by the delay that the purchaser incurs in an amount that does not exceed $100 a day for living expenses and $5,000 in total.
…
(12) The vendor may extend the confirmed occupancy date,
(a) by a maximum of 120 days if the vendor gives written notice to the purchaser at least 65 days before the confirmed occupancy date; or
(b) by a maximum of 15 days if the vendor gives written notice to the purchaser at least 35 days before the confirmed occupancy date or an extension of it under clause (a).
…
(14) No claim for compensation under subsection (4) may be made unless,
(a) it is made within one year after the date of possession;
(b) the condominium home is occupied; and
(c) the purchaser is not in default of the purchaser’s obligations under the purchase agreement.
Interesting indeed. Again, without providing any legal advice, in addition to the form I linked to previously Ontario Regulation 165/08 - Warranty for Delayed Closing or Delayed Occupancy made under the Ontario New Home Warranties Plan Act makes it clear that the correct form is the one I linked to. The entire Regulation can be viewed here, but I've copied the most important stuff below. As the first step is to go through the builder to seek a resolution to the compensation issue, perhaps they'll honor the newer form, but I'm doubtful the builder would do anything to prejudice themselves.
So this wouldn't apply to anyone who bought after July 1, 2008, correct?
If, before July 1, 2008, parties have entered into one or more arm’s length purchase agreements in good faith for condominium homes in a condominium project, other than one involving a phased condominium corporation or a vacant land condominium corporation, this section applies to all purchase agreements for all condominium homes in the condominium project and section 6 does not apply to any of those purchase agreements.
No, this applies to everyone.
In other words, so long as one unit sold before July 1, 2008 (essentially, projects that went to market before that date) this is the provision that applies to all purchases wether you bought after that date or not. Sory to be the bearer of bad news for you later purchasers.
So are we "entitled" to receive living costs ($100/day) + $150/day for non-sufficient notice of delayed occupancy? Or is the former a monetary compensation for the latter?
What are the businesses at the bottom of the building going to be? Sorry for the silly question, I've been living under a rock.
a spa with liquor lic and a design firm corner i think is still for sale.what is your pdi date and occupancy date?
Nov 15 & 16th respectively, on the haunted 13th floor.
Yep. Pretty sure we'll see another delay.
I don't believe anything coming from the builder.
any new information from saturday re occupancy?drove by today some work going on lobby is usable and they have a sales sign out to sell using the finished suites in the building.i am confused supposed to close tues yet my uninhabitable 6th floor unit terrace i se hasnt been touched therefore unsafe for my kids inside i cannot tell and i need to get in personally to verify its habitable unlike last sunday pdi when it wasnt.......is monday the day they delay again ?i just dont get it.this is the hardest half million i have ever had to spend.