Real Estate

Builder failed to give 10 days notice on delayed firm occupancy, am I eligible for $1,500 over the $7,500 cap?

  • Last Updated:
  • Jun 19th, 2018 1:43 pm
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Feb 12, 2013
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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).
2 replies
Deal Addict
Dec 15, 2009
1334 posts
469 upvotes
Ontario
If the builder lawyer says A
You need to talk to your lawyer to provide you with answer B
Newbie
Jun 18, 2018
15 posts
9 upvotes
The maximum cap is $7,500.00 period. The daily rate is $150.00 to a maximum of $7,500.00. If your builder delayed you by 20 days, that would only come to $3,000.00. However if they delayed you AND gave you less than 10 days prior notification, that's where the additional $1,500.00 penalty would come into play. So in this scenario, you would get $4,500.00 total ($3,000.00 for the 20 days PLUS $1,500.00 for the insufficient notice).

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