Home » Legal Services » Condominium Pre-Sale Disputes

The real estate market has changed significantly in recent years - completed developments may not reflect the purchase agreements signed, or the value your home was marketed to reflect.

In other situations, owners my find themselves unable to complete the purchase to which they agreed in a pre-sale contract, and developers can sue for the balance of the purchase price, or the cost to sell the condo to someone else at a reduced rate.

Contact

Bryan Baynham, QC, 604 895 2802
Wes McMillan, 604 895 2843

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Condominium Pre-Sale Disputes

Services

How We Can Help

Resolve your condo pre-sale dispute efficiently, with minimal impact on your financial future. Harper Grey lawyers will negotiate with developers on your behalf.

Services

Determining your options for getting out of a pre-sale contract
Analyzing all sale-related documentation from the developer
Negotiating the return of your deposit
Negotiating the cancellation of the purchase deal
Reducing or eliminating any further claims the developer may have against you over and above your deposit
Working with groups of purchasers who signed pre-sale contracts in the same development. Construction problems or deficiencies in a development can often be found in more than one condo. Negotiations on behalf of several owners are often more persuasive than for one owner alone.
Attending court on your behalf, if necessary

A typical condo pre-sale dispute could arise from any of these situations:

A newlywed couple pays a deposit on their first home, a downtown condominium that will be completed in three years. The deposit is a wedding gift from their parents. Two years into construction, the development goes bankrupt. Their deposit is locked up in court proceedings.
A foreign investor signs a pre-sale contract for what will become a rental unit in a condo development. Changes are made to the construction plans, but the developer does not notify her. The value of the unit declines as a result.
A retiree decides to downsize by purchasing a condo through the pre-sale process. He will retire at the same time the condo is set to be finished. He sells his house just prior to the completion date. The condo has multiple deficiencies, including a dysfunctional heating system and a balcony half the size that was promised.

Name Direct Email

Bryan G. Baynham, QC, Partner 604 895 2802 bbaynham@harpergrey.com Cameron B.P. Elder, Associate 604 895 2815 celder@harpergrey.com Lee V. Mauro, Associate 604 895 2807 lmauro@harpergrey.com Wesley J. McMillan, Associate 604 895 2843 wmcmillan@harpergrey.com

Innovation

Why Harper Grey LLP?

We know what is happening and what is likely to happen because we represent many purchasers in many developments
We will consider acting on a modified contingency fee arrangement when retained by multiple clients with common defences in the same development
We apply a team approach to your matter, led by one of Vancouver's most experienced lawyers

Results

A developer asked our client to close on her pre-sale contract for property located in Alberta, but she was no longer in a position to do so. She had consulted two law firms prior to consulting us; neither provided her a favourable opinion. Our lawyers were able to promptly resolve her issue and secure the return of the full deposit...all without having to go to court.
We represent the owners of more than 70 units in "The Village at False Creek", which was developed as the athlete's village in the Winter 2010 Olympics. Marketed as a luxury condominium development, the owners are disputing multiple deficiencies such as plumbing leaks, square footage, balcony construction, parking lot issues and shoddy fixtures.
Representing the owners of more than 20 units in "Coastal Village", a development in Squamish, BC. The developer went into bankruptcy protection. Pre-sale deposits were frozen by the courts. Harper Grey sought to have the court protection set aside for the purchasers, so they could rescind their contracts and get their money back.