Builder failed to give 10 days notice on delayed firm occupancy, am I eligible for $1,500 over the $7,500 cap?
The builder's lawyers are saying that the maximum cap is $7,500, but the Tarion page section isn't very clear, or I'm misinterpreting the details. Does anyone have any insight on this?
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).