Fourteen First Dates

  • Type: Abuse Case
  • Caused by: Intent
  • Description: Manipulation of Critical Closing Dates; developers sometimes take advantage of real estate price increase, which causes customers not to exercise the right to terminate the purchase agreement
  • Effect: Health hazard | economic hazard
  • Reason(s): High stress caused by the pressure to schedule/cancel/reschedule appointments, days off, negotiating/renegotiating mortgage and other deals, buying and returning furniture, and so on; additional moving and storage costs
  • Intensity of impact at a point: High

Abused by Opportunity

So far, Home Builder set fourteen critical dates for our unit, including eight delayed occupancy dates within 64 calendar days (between April 13 and June 15).

Type Date Changed On
Delayed Occupancy DateJune 15, 2017
Delayed Occupancy DateJune 12, 2017
Delayed Occupancy DateMay 31, 2017
Delayed Occupancy DateMay 30, 2017
Delayed Occupancy DateMay 26, 2017
Delayed Occupancy DateMay 24, 2017
Delayed Occupancy DateMay 4, 2017
Delayed Occupancy DateApril 13, 2017
Delayed Closing DateMarch 9, 2017
Firm Closing DateNovember 24, 2016
Delayed Closing DateAugust 30, 2016
Firm Closing DateDecember 30, 2015
2nd Tentative Closing DateSeptember 4, 2015
Closing DateMay 7, 2015

We were barely able to handle the intensity of our lives between February 15, 2017, when the Customer Care Coordinator, GTA Division said, "The occupancy date for your home in Northview Park is, April 13, 2017. There is no indication that this date will not be met." and June 17, 2017, the date we moved in. On February 24, we notified the landlord that we were ending our rental of our condominium unit effective April 30. Since then, we were continually performing a series of mostly useless activities that included, among others, the following:

  • Renting temporary living accommodation;
  • Canceling the rent of temporary living accommodation;
  • Requesting and canceling vacation days at work;
  • Buying and returning furniture;
  • Scheduling and rescheduling delivery dates;
  • Communicating with lawyers and lenders; and
  • Negotiating and renegotiating mortgage rates.

The stress and the feeling of humiliation that we acquired under those uncertain circumstances got amplified, because this was the most expensive and important purchase we are likely to make in our lives.

Home Builder's Perspective.

This is what Home Builder representatives said:

  • The occupancy date for your home in Northview Park is, April 13, 2017. There is no indication that this date will not be met
  • The delayed Occupancy date, provided above, is beyond the outside occupancy date as set out in the Statement of Critical Dates. As such you are not required to accept the full delay and will have the right to terminate the purchase agreement during the Purchaserís Termination Period (a complete non-sense considering the increase in the unit's price)
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