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ARTICLE · 06 JULY 2020

Court Enforces Exculpatory Clause Dismissing Condominium Class Action

Pre-construction condominium developments are subject to the risk that the development may be cancelled. Over the last several years, we have seen the cancellation of several significant...

CanadaReal Estate and Construction

Pre-construction condominium developments are subject to the risk that the development may be cancelled. Over the last several years, we have seen the cancellation of several significant developments.

This has prompted the introduction by Tarion, for projects going to market after January 1, 2020, of the requirement that agreements of purchase and sale include an information sheet at the front of the purchase agreement that outlines some of the key potential risks of buying a residential condominium unit in a pre-construction standard or phased condo project. These may include potential early termination conditions within the purchase agreement, such as reaching a minimum sales threshold for the project to proceed, the developer securing necessary financing for construction and completion of the project, and obtaining the required approvals from the municipality.

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