RedRaptor
New Member
Argh. I just called CP to confirm and indeed it is the "Occupancy" date. I guess I am a loser after all.
ProjectEnd
Superstar
Oooh, Kelly spelled Kellee? Must be from Oshawa.
caltrane74
Senior Member
good one!!
SunnyWorld
New Member
Anybody has a good understanding of the following stuff?
ONTARIO REGULATION 165/08
made under the
ONTARIO NEW HOME WARRANTIES PLAN ACT
Made: May 8, 2008
Filed: June 2, 2008
Published on e-Laws: June 3, 2008
Printed in The Ontario Gazette: June 21, 2008
WARRANTY FOR DELAYED CLOSING OR DELAYED OCCUPANCY
Definitions
Definitions
1. In this Regulation,
“condominium home†means a home of a type described in clause (c) of the definition of “home†in section 1 of the Act;
“condominium phase†has the meaning set out in the definition of “phase†in subsection 145 (3) of the Condominium Act, 1998;
“condominium project†means the land and interests appurtenant to the land, as the land and interests are described or proposed to be described in any description required by the Condominium Act, 1998 and includes units and proposed units, as those terms are defined in that Act, that are to be used as homes;
“freehold home†means a home of a type described in clause (a) or (b) of the definition of “home†in section 1 of the Act;
“phased condominium corporation†and “vacant land condominium corporation†have the same meaning as in subsection 1 (1) of the Condominium Act, 1998;
“purchase agreement†and “purchaser†have the same meaning as in Regulation 892 of the Revised Regulations of Ontario, 1990 (Administration of the Plan) made under the Act;
“vacant land condominium home†means a home constructed on a unit in a vacant land condominium corporation and sold by a vendor to a purchaser at the same time as the unit, where occupancy of the home is not provided before the closing of the sale of the unit.
Purchase Agreements Entered into before July 1, 2008
Delayed closing, freehold homes
2. (1) This section applies to a purchase agreement that the parties have entered into before July 1, 2008 for a freehold home with a closing date fixed on or after September 1, 1988.
(2) Every vendor under a purchase agreement to which this section applies warrants to the owner that the vendor shall comply with the Addendum to the purchase agreement that is set out in paragraph 12 of section 1 of Regulation 894 of the Revised Regulations of Ontario (Terms and Conditions of Registration of Builders and Vendors) made under the Act.
(3) Every vendor under a purchase agreement to which this section applies warrants to the owner that the vendor shall compensate the owner in accordance with subsection (4) in the event of,
(a) a delay in closing that is more than five days beyond the later of the date originally fixed for closing the purchase agreement and the closing date as extended under clause (6) (a) or (b), if the delay commences on or before June 30, 2009; or
(b) a delay in closing beyond the later of the date originally fixed for closing the purchase agreement and the closing date as extended under clause (6) (a) or (b), if the delay commences after June 30, 2009.
(4) The compensation mentioned in subsection (3) shall be for all direct costs caused by the delay that the owner incurs in an amount that does not exceed $100 a day for living expenses and $5,000 in total.
(5) Subsection (3) does not apply to the period of delay in closing caused by a strike, fire, flood, act of God or civil insurrection.
(6) Subject to paragraph 5 of the Addendum mentioned in subsection (2), subsection (3) does not apply if,
(a) the vendor extends the closing beyond the original closing date after giving written notice to the purchaser at least 65 days before the original closing date; or
(b) the vendor extends the closing for not more than 15 days beyond the original closing date or beyond the extended closing date mentioned in clause (a), after giving written notice to the purchaser at least 35 days before the original closing date or the extended closing date mentioned in clause (a).
(7) A breach of the warranty described in subsection (3) is a breach of warranty for the purposes of subsection 14 (3) of the Act.
(8) No claim for compensation under subsection (3) may be made unless,
(a) the transaction closes; and
(b) the claim is made by an owner within one year after the date upon which the home is completed for possession.
(9) If a claim for compensation under subsection (3) is made, compensation shall be calculated from the later of the original closing date and the closing date as extended under clause (6) (a) or (b).
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, 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.
(3) 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 phase, this section applies to all purchase agreements for all condominium homes in the condominium phase and section 6 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,
(a) a delay in occupancy of the condominium home that is more than five days 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 on or before June 30, 2009; or
(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.
(6) Subsection (4) does not apply to a period of delay in occupancy caused by strike, fire, flood, act of God or civil insurrection.
(7) Every purchase agreement to which this section applies shall contain a confirmed occupancy date or a tentative occupancy date, clearly identified as such.
(8) If the purchase agreement contains a tentative occupancy date, a confirmed occupancy date shall be established by written notice delivered to the purchaser,
(a) not more than 30 days after the completion of the roof slab or of the roof trusses and sheathing, as the case may be, or on an earlier date or event set out in the purchase agreement; and
(b) at least 120 days before the confirmed occupancy date.
(9) A confirmed occupancy date established under subsection (8) shall not differ from the tentative occupancy date unless the purchase agreement so permits.
(10) If a tentative occupancy date has been given and the vendor fails to set a confirmed occupancy date as specified in subsection (8) at least 90 days before the tentative occupancy date, the tentative occupancy date becomes the confirmed occupancy date for the purpose of calculating compensation under subsection (4).
(11) If the vendor is able to provide occupancy before the confirmed occupancy date, the vendor warrants that occupancy before that date will not be required unless the purchaser consents in writing, and upon such consent, the revised date becomes the confirmed occupancy date for the purpose of calculating compensation payable under subsection (4).
(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).
(13) A breach of the warranty described in subsection (4) is a breach of warranty for the purposes of subsection 14 (3) of the Act.
(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.
(15) If a claim for compensation under subsection (4) is made, compensation shall be calculated from the later of the confirmed occupancy date and the confirmed occupancy date as extended under clause (12) (a) or (b).
Notice
4. (1) Subject to subsections (2) and (3), for the purposes of sections 2 and 3, written notice may either be given personally or sent by prepaid ordinary mail to the purchaser at the address in the purchase agreement or at the last known address.
(2) Written notice shall not sent by mail if there is a postal stoppage or interruption at the time the notice is sent, but rather shall be given personally.
(3) If written notice is sent by mail within five days before a postal stoppage or interruption commences or during such a stoppage or interruption, the sending of the notice shall not be effective.
(4) Subject to subsection (3), the purchaser is deemed to have received written notice sent by mail on the fifth business day after the date of its mailing.
ONTARIO REGULATION 165/08
made under the
ONTARIO NEW HOME WARRANTIES PLAN ACT
Made: May 8, 2008
Filed: June 2, 2008
Published on e-Laws: June 3, 2008
Printed in The Ontario Gazette: June 21, 2008
WARRANTY FOR DELAYED CLOSING OR DELAYED OCCUPANCY
Definitions
Definitions
1. In this Regulation,
“condominium home†means a home of a type described in clause (c) of the definition of “home†in section 1 of the Act;
“condominium phase†has the meaning set out in the definition of “phase†in subsection 145 (3) of the Condominium Act, 1998;
“condominium project†means the land and interests appurtenant to the land, as the land and interests are described or proposed to be described in any description required by the Condominium Act, 1998 and includes units and proposed units, as those terms are defined in that Act, that are to be used as homes;
“freehold home†means a home of a type described in clause (a) or (b) of the definition of “home†in section 1 of the Act;
“phased condominium corporation†and “vacant land condominium corporation†have the same meaning as in subsection 1 (1) of the Condominium Act, 1998;
“purchase agreement†and “purchaser†have the same meaning as in Regulation 892 of the Revised Regulations of Ontario, 1990 (Administration of the Plan) made under the Act;
“vacant land condominium home†means a home constructed on a unit in a vacant land condominium corporation and sold by a vendor to a purchaser at the same time as the unit, where occupancy of the home is not provided before the closing of the sale of the unit.
Purchase Agreements Entered into before July 1, 2008
Delayed closing, freehold homes
2. (1) This section applies to a purchase agreement that the parties have entered into before July 1, 2008 for a freehold home with a closing date fixed on or after September 1, 1988.
(2) Every vendor under a purchase agreement to which this section applies warrants to the owner that the vendor shall comply with the Addendum to the purchase agreement that is set out in paragraph 12 of section 1 of Regulation 894 of the Revised Regulations of Ontario (Terms and Conditions of Registration of Builders and Vendors) made under the Act.
(3) Every vendor under a purchase agreement to which this section applies warrants to the owner that the vendor shall compensate the owner in accordance with subsection (4) in the event of,
(a) a delay in closing that is more than five days beyond the later of the date originally fixed for closing the purchase agreement and the closing date as extended under clause (6) (a) or (b), if the delay commences on or before June 30, 2009; or
(b) a delay in closing beyond the later of the date originally fixed for closing the purchase agreement and the closing date as extended under clause (6) (a) or (b), if the delay commences after June 30, 2009.
(4) The compensation mentioned in subsection (3) shall be for all direct costs caused by the delay that the owner incurs in an amount that does not exceed $100 a day for living expenses and $5,000 in total.
(5) Subsection (3) does not apply to the period of delay in closing caused by a strike, fire, flood, act of God or civil insurrection.
(6) Subject to paragraph 5 of the Addendum mentioned in subsection (2), subsection (3) does not apply if,
(a) the vendor extends the closing beyond the original closing date after giving written notice to the purchaser at least 65 days before the original closing date; or
(b) the vendor extends the closing for not more than 15 days beyond the original closing date or beyond the extended closing date mentioned in clause (a), after giving written notice to the purchaser at least 35 days before the original closing date or the extended closing date mentioned in clause (a).
(7) A breach of the warranty described in subsection (3) is a breach of warranty for the purposes of subsection 14 (3) of the Act.
(8) No claim for compensation under subsection (3) may be made unless,
(a) the transaction closes; and
(b) the claim is made by an owner within one year after the date upon which the home is completed for possession.
(9) If a claim for compensation under subsection (3) is made, compensation shall be calculated from the later of the original closing date and the closing date as extended under clause (6) (a) or (b).
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, 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.
(3) 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 phase, this section applies to all purchase agreements for all condominium homes in the condominium phase and section 6 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,
(a) a delay in occupancy of the condominium home that is more than five days 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 on or before June 30, 2009; or
(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.
(6) Subsection (4) does not apply to a period of delay in occupancy caused by strike, fire, flood, act of God or civil insurrection.
(7) Every purchase agreement to which this section applies shall contain a confirmed occupancy date or a tentative occupancy date, clearly identified as such.
(8) If the purchase agreement contains a tentative occupancy date, a confirmed occupancy date shall be established by written notice delivered to the purchaser,
(a) not more than 30 days after the completion of the roof slab or of the roof trusses and sheathing, as the case may be, or on an earlier date or event set out in the purchase agreement; and
(b) at least 120 days before the confirmed occupancy date.
(9) A confirmed occupancy date established under subsection (8) shall not differ from the tentative occupancy date unless the purchase agreement so permits.
(10) If a tentative occupancy date has been given and the vendor fails to set a confirmed occupancy date as specified in subsection (8) at least 90 days before the tentative occupancy date, the tentative occupancy date becomes the confirmed occupancy date for the purpose of calculating compensation under subsection (4).
(11) If the vendor is able to provide occupancy before the confirmed occupancy date, the vendor warrants that occupancy before that date will not be required unless the purchaser consents in writing, and upon such consent, the revised date becomes the confirmed occupancy date for the purpose of calculating compensation payable under subsection (4).
(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).
(13) A breach of the warranty described in subsection (4) is a breach of warranty for the purposes of subsection 14 (3) of the Act.
(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.
(15) If a claim for compensation under subsection (4) is made, compensation shall be calculated from the later of the confirmed occupancy date and the confirmed occupancy date as extended under clause (12) (a) or (b).
Notice
4. (1) Subject to subsections (2) and (3), for the purposes of sections 2 and 3, written notice may either be given personally or sent by prepaid ordinary mail to the purchaser at the address in the purchase agreement or at the last known address.
(2) Written notice shall not sent by mail if there is a postal stoppage or interruption at the time the notice is sent, but rather shall be given personally.
(3) If written notice is sent by mail within five days before a postal stoppage or interruption commences or during such a stoppage or interruption, the sending of the notice shall not be effective.
(4) Subject to subsection (3), the purchaser is deemed to have received written notice sent by mail on the fifth business day after the date of its mailing.
MikeMang
Active Member
I go by this EVERYDAY and it seems like nobody is working on it? WTF! I have a March 2010 move-in date, but this building has looked the same since May. Anyone know what the deal is?
Also, any word on retail here?
Thanks.
Also, any word on retail here?
Thanks.
marcus_a_j
Senior Member
Have you gone inside? Most of the exterior is complete so the tradesmen will most likely be doing their thing inside.
RedRaptor
New Member
LOL. Exactly how I feel. I see some suites are drywalled but these buildings feels like its taking forever to finish! I hope I actually get to move into my suite in March 2010!
newbuyer
Active Member
is there a unit still available for sale in this condo? Do you guys know what are the going price?
grey
Senior Member
Funny, to me it seems like City Place condos are built twice as quickly as any other developments going on around the city.LOL. Exactly how I feel. I see some suites are drywalled but these buildings feels like its taking forever to finish! I hope I actually get to move into my suite in March 2010!
TheProfessor
Active Member
I was going to say the same thing....it's truly amazing how quickly Concorde seems to build these condo's.
newbuyer
Active Member
anyone knows what is the start price in the condo?
DSC
Superstar
I would guess that the City Place sales office on Spadina/Bremner might have the information.
RedRaptor
New Member
Until you actually buy one of them and realize that it will be a long four years before you move in. Bought in Spring 2006 and the letter says Occupancy March 2010.
newbuyer
Active Member
Did this happen to you? Who was the builder?
cmystikal
New Member
Based on the previous posts, Luna Vista by Concorde. That is pretty typical for pre-construction unfortunately, you are rewarded for buying early but have to play the waiting game ...