Upside Down + Fuse Condos (Channington/Brownstone, 14s x2, 26s x2, Burka)

nifty said:
Have you guys seen this?
http://www.thestar.com/news/gta/art...o-residents-shocked-by-local-uranium-facility

Bah :/
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Yeah. Here's the GlobalTV coverage: http://www.globaltoronto.com/west-e...nearby+uranium+facility/6442750588/story.html

And there's a community meeting on Nov. 15th to talk about it. Here's the facebook page: https://www.facebook.com/events/397186077021585/

What troubles me is that the company claims to have done thorough local consultation before their license was renewed last year, but apparently no one in the community seems to have been aware of that. Best to get as informed as possible. Hopefully the meeting can be productive.
 
Someone correct me if I am wrong, but shouldn't there have been a notice in the purchase agreement about something like this? When my parent's were looking for houses in Keele and St. Clair area the purchase agreement mentioned about the slaughter houses and the smells. When my friend purchased in the Keele and Dundas condos she had notices in her agreement about local industrial activity. Last I checked, there was no mention of a uranium plant near our condo. With this lack of information in the purchase agreement cause a breach of sorts, boarding the lines of misinformation? Couldn't one have the ability to cancel their agreement without penalty cause of it?
 
You probably could but you'd have to spend money on a lawyer, so you'd loose for sure. Unless somehow you got compensation or some type of interest that you left on your down payment
 
I had dinner with a nuclear Tech on the weekend, funny enough, and he told me there is no danger with natural uranium. He also told me that it has no more radiation than granite does, and that you can handle it freely. It's only when it goes into the reactor does it become dangerous. The plant has been there since the 60s, and nothing has happened yet, as far as anyone knows.
 
Ask for Builder Compensation

There is no way they will be able to finish the building (Phase one) by the Dec 15, 2012 date and after talking to my lawyer I confirmed they are not legal allowed to further delay the closing. The builder is liable to provide us with compensation of $150 per a day of delay up to a max of $7500. From what I have heard from users on this forum it seems that the Builder is trying to get us to agree on a later closing date which will remove this liability on their end. The reason they are calling us individually and not sending us letter is because they are not legally allowed to further delay the closing date and cannot have anything in writing to note the delay, so they are calling us one by one hoping to get our agreement on the delay.Therefore, if the builder tries to approach you and ask for a delayed move in date you should not agree verbally and insist on the Dec closing Date.
 
Dont fall into the builder's trap:

David_Johnson said:
There is no way they will be able to finish the building (Phase one) by the Dec 15, 2012 date and after talking to my lawyer I confirmed they are not legal allowed to further delay the closing. The builder is liable to provide us with compensation of $150 per a day of delay up to a max of $7500. From what I have heard from users on this forum it seems that the Builder is trying to get us to agree on a later closing date which will remove this liability on their end. The reason they are calling us individually and not sending us letter is because they are not legally allowed to further delay the closing date and cannot have anything in writing to note the delay, so they are calling us one by one hoping to get our agreement on the delay.Therefore, if the builder tries to approach you and ask for a delayed move in date you should not agree verbally and insist on the Dec closing Date.
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**we should get compensation if they cannot deliver our unit in December! They are not allow to make any change as per agreement or by law. We should keep our occupancy date as written. It seems that they are not the one to do us a favour. By changing a later closing is saving the builder from a mess.
 
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Probably It is builder's conspiracy. They are not able to meet their legal occupancy date. If we agree to postpone our occupancy date, it looks the change is made at the purcahser's request. Therefore they relieve themselves from all the liabilities.
 
chefpete said:
Are they offering any kind of incentive to delay our move in?
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We should get compensation instead of incentive. The builder has to comply with the LEGAL final occupancy date. Failing to do it, they should pay a cost. Dont change the date!!!
 
I had a spirited conversation with one of the reps, she pretty much tried everything to convince me to change my date. I didn't, and she wasn't too happy.

I don't think it helped when I called her out on this whole mess. The thing I worry about is, they might be ready on Dec 15th, but how ready do they legally have to be? Are we going to be walking into an unsafe construction zone? Who gives the okay?
 
I would call them back...and have a chat with your lawyer.

You will only get compensation if the builder doesn't deliver your condo on the 15th.
 
Advise from Tarion- Delayed Occupancy Compensation

adman said:
I had a spirited conversation with one of the reps, she pretty much tried everything to convince me to change my date. I didn't, and she wasn't too happy.

I don't think it helped when I called her out on this whole mess. The thing I worry about is, they might be ready on Dec 15th, but how ready do they legally have to be? Are we going to be walking into an unsafe construction zone? Who gives the okay?
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Delayed Occupancy Compensation

Delayed occupancy compensation up to a maximum of $7,500 is payable:

• If occupancy occurs on a date after the Firm Occupancy Date; or
• If you exercised your right to terminate the purchase agreement due to delay as permitted by the Addendum (e.g. as per the Purchaser’s Termination Period). In this case you are also entitled to a full refund of all monies paid (i.e., deposits, extras and upgrades) plus interest.

Delayed occupancy compensation for living expenses (meals and accommodation) is payable based on a fixed amount of $150 a day for each day of delay until the Delayed Occupancy Date or the date that the purchase agreement is terminated. Receipts for living expenses are not required.

Compensation is also payable for costs incurred by you as a result of the delay (for example, additional moving and storage costs). Receipts for these costs must be provided.

In addition, If your builder fails to give you 10 days notice of an occupancy delay, you will be compensated in the amount of $1,500 ($150 x 10 days).

Making a Delayed Occupancy Compensation Claim

If you are entitled to delayed occupancy compensation, you may make a claim to your builder within 180 days of your occupancy date or the date on which you terminate your purchase agreement. If your builder does not pay your claim, or if you and your builder are unable to agree on the amount of compensation payable, you may make a claim to Tarion during the first year of possession (or up to 365 days after you terminate your purchase agreement). To do so, please complete the Delayed Closing/Occupancy Claim Form and Homeowner Instruction Guide included with the Tarion Homeowner Information Package provided to you by your builder. You may also obtain this form by contacting Tarion at 1-877-9TARION (1-877-982-7466) or by downloading it from this website.

Changing Dates by Mutual Agreement
If your builder asks you to change a date related to the closing of your new home, you should review the provisions of the Addendum. There are special rules for changing dates by mutual agreement and an amendment may result in your waiving compensation that would otherwise be available to you.

Note: As a general rule at least 90 days written notice is required to change a closing date.
 
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