Cancellation of a pre-sale contract is possible in British Columbia when a developer fails to meet its legal obligations to purchasers. Navigating the complexities of the British Columbia pre-sale market requires understanding the Real Estate Development Marketing Act ("REDMA"). This legislation is designed to protect purchasers by ensuring developers provide transparent and accurate disclosure of material facts regarding their projects. When developers fail to meet these statutory obligations, purchasers may have the right to have contracts be unenforceable against them, depending on the individual situation.
One of our experienced lawyers at ATAC LAW recently achieved a significant result for a client. The client had entered into a pre-sale contract for a development in British Columbia with a purchase price of approximately $500,000.00. After paying a significant deposit, the client discovered that the development unit appeared to differ significantly from the developer's marketing materials. Upon a detailed review of the disclosure statement and the developer's conduct, our lawyer identified several specific violations of REDMA. Most notably, the developer failed to comply with the requirement that estimated date ranges for the commencement and completion of construction must not exceed three months.
Recognizing these problems with the development project, our lawyer specialized in presale contract cancellations worked extensively on behalf of the client to engage in negotiations with the developer's legal team. His advocacy was successful, and he convinced the developer to agree to a mutual cancellation of the contract, in addition to the return of the vast majority of the client's deposit.
This outcome underscores the importance of professional oversight when dealing with pre-sale developments, where the power imbalance between developers and individual purchasers can be significant. Contact our lawyers in BC for reliable advice and representation in negotiations with developers over pre-sale contracts.
If you're facing concerns about a pre-sale contract in British Columbia, don't navigate the process alone, contact ATAC LAW for experienced advice and representation in holding developers accountable to their obligations under REDMA.
