The coming months will bring many surprises to those of you who have purchased a precontruction condominium, so I hope you are comfortable.
The worse case scenario might be that the condo you thought you’d make your home in the future may simply be pulled from the market. At best, the occupancy date may be delayed by months or years as the developer scrambles to meet the minimum sales needed to convince a bank to lend the money to build.
The reasons for these surprises are simple, and I’m hoping that you had the instinct to ask questions way back when, when you intially made the buy. The Banks/Lenders demand a certain percentage of suites be sold before they will even consider making construction loans, and that percentage has risen because of the global credit crunch. While two years ago it might have been 60 per cent, today it is certain to be at least 65 per cent or, in some cases, higher.
With sales currently running at a fraction of last year’s pace, you do not have to be a clarevoyant to predict the future. A good many of the 300-plus projects now on the market are going to be pulled for lack of buyer interest.
Some very clever industry observers suggest the figure may be as high as 30 per cent of those jostling for sales today.
So this raises a couple of questions: First, what can you do if your project gets pulled? Second, what can you do if occupancy gets delayed?
The first is a no-brainer. If a developer cancels your project, all you can do is accept the return of your deposit, swallow down any rising anger and move on.
“Virtually every condo purchase and sale contract is written in a way that gives the developer the right to cancel projects if sales targets are not met within a certain period of time,” says Ray Leclair, vice-president of TitlePLUS, the title insurance arm of the Lawyers Professional Indemnity Co. TitlePLUS is used by an increasing number of home buyers to guaranty that they receive a valid, free and clear title to their property on closing.
“There is nothing you can do, and it is almost certain to happen to many people in the coming months,” says Leor Margulies, head of the real estate group at Robins Appleby & Taub LLP.
It is all about contract law, and developers recruit some of the best legal talent in the business to make sure they have ironclad protection if sales do not go as hoped.
But if instead of pulling the plug your developer figures all it may take is a little more time, then the situation gets trickier, with the complexity depending on what stage the project has reached.
Stay tuned for Part II of this three part series…..