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Condo report | column
canadianrealestatemagazine.ca
Case study:
Buyer beware, indeed
HassanWalji purchased a new condo in the heart of downtownToronto, and had
no idea at the time what he was getting into. After checking out a couple of units,
he decided on a one-bedroom plus den, 989-square-feet unit for $300,000, and
spent an additional $14,000 on upgrades.
“I thought it would be cheaper because it was new and I liked the fact that
no one had lived in it before,”says Walji. “I had no idea of the disadvantages at
the time.”
Though Walji was aware he would be required to move into his sixth floor
unit before the entire building was complete, he wasn’t prepared to pay an
occupancy fee.
When he was allowed to move into his unit – a year later than expected – he
began paying a $2,200 per month occupancy fee while the building was
being completed.This period was expected to run for eight months, for a total
of $17,600.
Recently, after the eight months was up, the developer said the city was not yet
able to register the condo, and that it needed to extend the occupancy period for
another six months. For Walji, this meant another $13,200 in ‘rent’that he would
never recover.
Therefore, he will have paid out a total of $30,800 in occupancy fees over 14
months, assuming the developer doesn’t extend the period again.
In addition, he expected the unit itself to be finished before moving in. Instead,
an entire wall – which was supposed to separate the den from the living room –
was missing.Walji had to wait a week for the builders to construct the wall, leaving
his unit in a dusty mess.
“I wasn’t aware that it would be such a problematic procedure,”he says.
Many of the upgrades Walji ordered and was counting on were never
completed, and instead he was offered a refund.
“Make sure you have a lawyer, and make sure you read the fine print,”Walji says.
“Before signing the contract, tell them that you want the unit 100% complete
before you move in.”
original 18-month period, which is
very common. Importantly, you as the
buyer really have no recourse, except to
cancel the whole agreement.
But after waiting two or three years
for your condo to be built, you’re
not likely to walk away from your
investment and have your deposit
returned without interest.
Another concern for buyers is that
when the developer deems the condo
‘fit’ for occupancy, the two parties
rarely see eye to eye on this. Although
the condominium may be liveable,
it is usually not comfortable. The
amenities, common areas and even the
hallways are often not complete. Since
transfer of title has not taken place, you
cannot sell your unit during this time
or even rent it to a tenant.
So how do you protect yourself?
Be thorough in your research and
In layman’s te
rms, this mea
ns that you
are
essentially p
aying rent t
o the devel
oper for
up to 18 mo
nths on a c
ondo that y
ou have
already purc
hased
rates), plus maintenance fees plus
taxes, rolled into a monthly fee.
Some people ask if this practice
is actually legal, and the answer is
simple: yes, since this provision is
outlined in the standard agreement
for new development sales – that
large 20- to 30-page document
written in legalese.
In layman’s terms, this means that
you are essentially paying rent to
the developer for up to 18 months
on a condo that you have already
purchased. The occupancy date is
set by the developer and you cannot
change it. As soon as the developer
tells you that you must start paying
the fees, the period begins. However,
the developer can extend it past the