"James Un handled my pre-sale contract dispute professionally and kept me informed throughout. The case settled smoothly. Quick, concise responses with genuine expertise."
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Presale Condo Cancellation Lawyers
Resolve presale and pre-construction condo disputes with experienced lawyers who know REDMA.ATAC LAW's real estate litigation team has won cases for presale and new home buyers across British Columbia, recovering deposits, cancelling contracts buyers could not complete, and holding developers to account in rescission claims, deposit recovery, failed completions, and developer disputes. Your contract and disclosure statement were drafted around the developer's interests, not yours, and your real obligations are often narrower than they claim.
Contact Lawyers with Real Estate Expertise
Confidential. A lawyer will review your case within 1 business day.
Highly RatedReal Estate Litigation Firm in British Columbia
2000+Litigation Clients Who Trust ATAC LAW
12+Litigation Lawyers on Staff
50+Years of Combined Litigation Experience
You May Have a Way and a Means to Exit Your Contract
We have spent years acting for buyers across British Columbia in presale disputes, from disclosure review and negotiations with developers to litigation in the Supreme Court of British Columbia. We know how developers draft contracts to appear airtight, where disclosure statements and amendments can fall short under REDMA, and how to identify the real openings: rescission rights, improper delivery, material changes, missed completion dates, and deposit terms that may not be enforceable.
We take your contract apart clause by clause, looking at every date, every condition, and every disclosure obligation, then rebuild your position on the statute and the documents, not on what the developer has told you.
The biggest risk we see is the developer convincing a buyer that the contract is ironclad, the deposit is already forfeit, and signing the completion documents is the only option. Often, this is simply not true. Buyers come to us believing they have lost a deposit worth hundreds of thousands of dollars, only to learn they hold a rescission right, a disclosure defect, or a developer breach that changes everything.
With experienced presale lawyers, you can assert the rights REDMA gives you, protect the deposit you have at stake, and avoid being sued for a shortfall on a condo you never wanted. The earlier we are involved, the more we can do to protect you.
Contact Our Team →
Presale Condo Dispute Services
BC's Real Estate Development Marketing Act gives presale buyers a right to cancel within seven days of the later of signing the contract or receiving the disclosure statement. We confirm whether your window is still open and whether it was ever properly triggered.
A developer must deliver a compliant disclosure statement before you are bound. Where it was not properly provided, or omits required information, your right to cancel may survive long after the standard seven days.
A significant change to the project or an amendment to the disclosure statement can reopen or extend your right to rescind.
Where marketing materials or the disclosure statement were misleading on a point that mattered, you may have grounds for rescission or damages under REDMA and at common law.
When a contract is validly cancelled or a developer breaches, your deposit, often held in trust, may be returnable. We pursue its release and resist a developer's attempt to keep it.
Developers frequently assert that a deposit is automatically forfeit. BC law does not always agree. We test whether the forfeiture is enforceable or an unlawful penalty.
We review how your deposit is held and whether the developer or trustee has met the conditions for keeping or releasing it.
If you can no longer close, the worst move is to do nothing. We map your exposure and your options before the completion date arrives.
When the unit appraises below the contract price or financing falls through, we assess whether the contract, the conditions, or the developer's conduct gives you a way out.
If the developer fails to complete the building by the outside date, you may be entitled to terminate and recover your deposit.
When a developer cancels the project outright, your deposit must be returned, and you may have a claim for the bargain you lost.
Meet the Presale Condo Lawyers
Behind Our Clients' Success
Dan H. Griffith
Q.Arb, Construction Lawyer, Partner
Dan is a partner and litigator with over 15 years of experience. He handles presale buyer disputes, deposit recovery claims, and developer breaches before the BC Supreme Court and BC Court of Appeal.
James Cain
Associate Lawyer
James has 16 years of experience across civil and commercial litigation. He handles pre-sale contract disputes and deposit recovery matters, delivering clear strategic advice and strong results at BC Supreme Court.
Roy D. Kim
JD, Engineer., Barrister & Solicitor
Roy combines legal and engineering expertise to handle presale contract disputes, disclosure statement review, and civil litigation. He represents buyers seeking rescission and deposit recovery under REDMA.
Gurpal Sandhu
Associate Lawyer
Gurpal represents buyers in presale contract disputes, REDMA rescission claims, and real estate litigation before BC and Ontario courts, acting for individuals through to corporate clients.
Siwei Xu
Lawyer
Siwei handles real estate disputes, presale contract claims, and civil litigation at the BC Supreme Court and Provincial Court, representing buyers through settlement and enforcement proceedings.
Linting Zhang
Lawyer
Linting brings extensive litigation experience to real estate and presale contract disputes. He develops efficient, cost-effective strategies for English and Mandarin-speaking buyers navigating REDMA claims.
David Milojkovic
Associate Lawyer
David advises presale buyers on contract disputes, deposit recovery, and REDMA rescission. He has a track record of achieving favourable settlements through mediation and negotiation at the BC Supreme Court.
Rodolfo Assinger
Associate Lawyer
Rodolfo is a multidisciplinary litigator and solicitor who assists presale buyers with contract review, REDMA claims, and real estate disputes. His broad practice spans civil litigation and property law across BC.
Raymond Jin
Lawyer
Raymond is a courtroom litigation lawyer at ATAC LAW handling real estate disputes, presale contract claims, and civil litigation. He assists English and Mandarin-speaking buyers in REDMA proceedings.
James Un
Senior Lawyer
James Un is a senior lawyer at ATAC LAW who focuses on real estate litigation, presale contract disputes, and deposit recovery. He supports English, Cantonese, and Mandarin-speaking clients across BC.
Mike C. Stewart
Partner, Engineer, JD, Q.Arb, Q.Med
Mike is a partner at ATAC LAW with over 13 years of experience in real estate and civil litigation. He advises presale buyers on contract review, REDMA compliance, and rescission rights across British Columbia.
Examples of Presale Contract Matters We've Resolved
Why Choose ATAC LAW for Presale Condo Disputes
01
Real estate litigation is our core focus
Presale and development disputes are work our litigation team handles regularly. You get lawyers who know REDMA, not generalists learning it on your file.
02
Our experience is your strength
We know how presale contracts and disclosure statements are built, so we see the developer's arguments before they make them.
03
REDMA & rescission experts
We assess your seven day rescission right under section 21, whether your disclosure statement was properly delivered, and whether a material change reopened your right to cancel.
04
Your deposit is the priority
Whether it is still at risk or the developer is already refusing to return it, we pursue recovery and defend you against forfeiture.
05
Completion & breach experience
Financing that fell through, an appraisal gap, or a developer who missed the outside date — we map your cleanest exit and defend shortfall claims brought against you.
06
Prepared for the Supreme Court of BC
We negotiate hard, and when a developer will not move, we are prepared to litigate. The other side knows we will take a case all the way through trial if the settlement is not what our client deserves.
What Our Clients Say About ATAC LAW
"Over the course of a year, James Cain provided clear guidance, accurate advice, and a steady, reassuring presence. His professionalism and commitment went far above and beyond what one would normally expect."
Shannon McGeehanGoogle Review
"Mr. Kim helped me with my construction dispute. Very happy with the resolution and the price. Very professional and quick to respond. I've already recommended ATAC Law to friends and clients."
Zanyar The RealtorGoogle Review
"Excellent knowledge of construction and Strata law. Partners educated in Engineering and Law, a perfect match for construction litigation. Would highly recommend."
Trevor SmithGoogle Review
"For businesses in construction and engineering, ATAC LAW is an asset. Responsive, straight to the heart of the matter, and they never sugar-coat costs. Everyone I've referred has come back thanking me."
Chad GiffenGoogle Review
"David walked me through all potential scenarios, put down my builders lien in a timely fashion, and within two weeks I was paid in full. Best decision ever."
Anything ConcreteGoogle Review
Our Locations
Vancouver Office
Vancouver
375 Water St #650
Vancouver, BC V6B 5C6
Vancouver, BC V6B 5C6
Monday – Friday
9:00 AM – 5:00 PM
Burnaby Office
Burnaby
8988 Fraserton Ct #308
Burnaby, BC V5J 5H8
Burnaby, BC V5J 5H8
Monday – Friday
9:00 AM – 5:00 PM
Surrey Office
Surrey
15299 68 Ave #207
Surrey, BC V3S 3L5
Surrey, BC V3S 3L5
Monday – Friday
9:00 AM – 5:00 PM
Richmond Office
Richmond
#1020-6388 No.3 Rd
Richmond, BC V6Y 0A2
Richmond, BC V6Y 0A2
Monday – Friday
9:00 AM – 5:00 PM
Presale & Pre-construction Condo Insights
Frequently Asked Questions
Have another question? Our presale condo team is here to help.
Contact Our Team →Can I cancel a presale condo contract after the 7 day period?
Sometimes. The seven day rescission right under REDMA is the simplest route, but it is not the only one. If the disclosure statement was not properly delivered, if there was a material change or amendment, or if the developer has breached the contract — for example by missing the outside completion date — you may still have a way out long after the seven days have passed. The only way to know is to have your specific contract and disclosure documents reviewed.
Will I lose my deposit if I cancel?
Not necessarily. If you cancel within a valid rescission right, your deposit is generally returnable in full. Even outside that window, a developer's claim that your deposit is forfeit is not automatically correct. A forfeiture clause must be enforceable, and BC courts will not enforce one that operates as a penalty. We assess whether your deposit is genuinely at risk before you concede anything.
What happens if I can't complete the purchase?
If you cannot close, doing nothing is the most expensive option. A developer may keep your deposit and sue you for the difference between your price and a lower resale price. Getting advice before the completion date lets us look for an exit — whether a rescission right, a developer breach, or an assignment — and, where a claim is unavoidable, defend it and work to limit your exposure.
The developer cancelled or delayed the project. What are my rights?
If the developer cancels the project, your deposit must be returned, and you may have a claim for the value of the bargain you lost — particularly if comparable units now cost more. If the developer has simply delayed past the outside completion date in your contract, you may be entitled to terminate and recover your deposit. The wording of your contract and the disclosure statement determines exactly what you are owed.
Is assigning my presale contract better than cancelling?
It depends on your contract and your goal. When you have no right to cancel but want out, assigning the contract to another buyer can protect your deposit and avoid a breach. But most presale contracts restrict assignment or require the developer's consent and a fee, and assignments carry tax and GST consequences. We compare cancellation, assignment, and completion so you choose the exit that actually leaves you better off.
Does ATAC LAW only serve clients in Vancouver?
No. We act for presale buyers across British Columbia, including Metro Vancouver, the Fraser Valley, the Interior, and Vancouver Island. Most presale matters can be handled remotely, so where the project is located is rarely an obstacle.
What should I send when I contact you?
If you have them, your presale purchase contract, the disclosure statement and any amendments, your deposit receipts, and any recent correspondence from the developer or their lawyer. The more we can see, the faster we can tell you where you stand, but don't wait to gather everything if a deadline is close.
Do you handle pre-construction condo contracts, not just presale?
Yes. "Pre-construction" and "presale" describe the same purchase, a condo bought before completion. Our BC real estate litigation team advises pre-construction buyers on rescission rights, deposit recovery, failed completions, and developer disputes under REDMA.
Speak With a Presale Condo Lawyer Today
Don't make the mistake of hiring a generalist. Your case deserves specialized advice from lawyers who know REDMA. Book your confidential case review now.
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Confidential. A lawyer will review your case within 1 business day.