Condominium Parking Refund Options

Summary

If your condominium parking purchase agreement in Ontario included a construction timeline and refund clauses, you may be eligible for a refund due to delays. If no deadline is specified, the contract requires performance within a reasonable time. You can claim a breach of contract if the delay is unreasonable. Review your contract and consider consulting a lawyer to determine your options and what constitutes a reasonable timeframe. The Ontario New Home Warranties Plan Act may offer additional protections. Contact the developer to discuss the delay and potential refund.

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I bought a Condominium Parking 3 years ago. It is not constructed yet, can I get my money back?
To determine if you can get your money back, I need to know if there was a specific timeline for construction mentioned in your purchase agreement. Was there a deadline or any clause for refunds in case of delays?
Yes, It was
If the purchase agreement includes a specific timeline for construction and clauses for refunds in case of delays, you may be entitled to a refund. Review the agreement for such clauses.
Next Step: Have you contacted the developer to discuss the delay and potential refund?
What is the law in Ontario if a contractor don't deliver in time
In Ontario, a contractor’s failure to deliver on time can be addressed under breach of contract laws. Key points:
- Review the contract for specific deadlines and remedies for delays.
- The Ontario New Home Warranties Plan Act may provide protections and remedies.
- Contact the developer for resolution first.
Have you already contacted the developer about this issue?
What if there is no deadline in a contract?
If there's no deadline in the contract:
- The contract will be interpreted as requiring performance within a reasonable time.
- You may need to demonstrate what a "reasonable time" would be for this type of construction.
- You can still claim breach of contract if the delay is unreasonable.
Have you consulted with a legal professional about this situation?
No
It's advisable to consult a lawyer to discuss your situation in detail, especially since there's no specific deadline in your contract. They can help determine what a "reasonable time" is and explore your options for claiming a breach of contract.
Would you like assistance in finding a legal professional?