mno
New Member
chwong, did your agreement have such a clause as my Clause 2? As I understand, this is very not standard.
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Pre-delivery Inspection and occupancy fees
- Thread starter ArcticS
- Start date
spitt
New Member
oh gosh. you guys are making me so nervous. i did my selections for the finishes a few weeks ago and i don't remember anything about this tarion thing. so i'm going to read my contract again.
mno
New Member
The standard is that anything purchased through the builder (regardless of whether it's standard sample, upgrade or extra), as long as it was purchased through builder, has to be covered by Tarion. It seems my case is unheard of and no one has any idea how to proceed. I suspect most buyers would not even have such an issue.
Wooba
Active Member
I would like to hope that a clause like that would not be valid in a legal challenge. In most (all?) cases you cannot sign something to override a law. ie., you can't sign a contract agreeing to be murdered (extreme example, but just making the point).
Register123
Active Member
I'm having my PDI at the end of January, am I right in thinking that if there are suite deficiancies and/or common area deficiancies, I should NOT sign the PDI document (I thought that this is what I heard on another formum somewhere). I would think I should sign if all deficiencies are listed , take pictures of all of these and mail a copy of the PDI form to Tarion.
interested
Senior Member
My suspicion is that you cannot not sign the PDI. If you don't, the vendor especially in an up market on new condos couldsimply say fine and advise that you are declining to take over your property and resell it at a higher amount.
I think a careful PDI with everything on the PDI form listed that you see, appreciating that once you move in a lot more will become obvious (hence the 1 year review) and mail it in to Tarion. Posting a copy of pictures is probably excessive but having them I think would be useful in the event of a dispute at a later date.
I think a careful PDI with everything on the PDI form listed that you see, appreciating that once you move in a lot more will become obvious (hence the 1 year review) and mail it in to Tarion. Posting a copy of pictures is probably excessive but having them I think would be useful in the event of a dispute at a later date.
mno
New Member
My purchase agreement has a clause about not signing the PDI, the builder can either sign on my behalf or reclaim property without refund of deposit. I suspect that most would have such a clause, so not sure if NOT signing the PDI will be a great idea, although it seems to have worked for some.
KA1
Senior Member
My suspicion is that you cannot not sign the PDI. If you don't, the vendor especially in an up market on new condos couldsimply say fine and advise that you are declining to take over your property and resell it at a higher amount.
I think a careful PDI with everything on the PDI form listed that you see, appreciating that once you move in a lot more will become obvious (hence the 1 year review) and mail it in to Tarion. Posting a copy of pictures is probably excessive but having them I think would be useful in the event of a dispute at a later date.
In between, there is a 30 day list of deficiencies also.