A Declarant's Unsold Condominium Units Cannot Be Held To Force The Declarant To Comply With Its Obligations

Purchasers of new condominium units are entitled to receive a condominium that is built in accordance with the vendor's representations. Unfortunately, condominium developments do not always meet purchasers' expectations. Although reputable developers stand behind their products and work with purchasers to resolve disputes, some developers try to avoid all liability to purchasers. In some circumstances, the only way for purchasers and new condominium boards to ensure the declarant-developer complies with obligations that fall outside of new home warranty coverage is to commence legal proceedings.

The corporate structure of a declarant-developer can be problematic for purchasers bringing a lawsuit. Most declarants are single purpose companies, incorporated solely to build and sell condominium units. In the ordinary course of business, once deposit monies are insured or title to the units is transferred, the declarant will transfer money received from purchasers to