Pre-construction Townhouse Purchase & Sale Agreement - No dimensions

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Jun 22nd, 2018 11:22 pm

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Jun 20th, 2018 8:50 am

poorwingman [OP]: Deal Addict; Jul 4, 2006; 4261 posts; 1026 upvotes

Jun 20th, 2018 8:50 am

Pre-construction Townhouse Purchase & Sale Agreement - No dimensions

Hi,

I recently entered a purchase & sale agreement for a pre-construction townhouse in the GTA. We are in the conditional period to have our agreement reviewed by our lawyer.

The PS&A does not have the lot size, overall square footage, or even dimensions of any rooms in the house. Is that normal?

Everyone talks about how if it's not in the agreement, then the builder can do whatever they want, and I'm worried I will end up with far less house than I expected!

Thanks

8 replies

Jun 20th, 2018 9:27 am

AMD: Deal Addict; Jul 23, 2004; 2267 posts; 811 upvotes; Montreal

Jun 20th, 2018 9:27 am

You have a purchase agreement on what then?
If it does not state the lot number, house dimensions, building specifications, ... then what are you signing on? Thin air?

+1

Jun 20th, 2018 9:35 am

poorwingman [OP]: Deal Addict; Jul 4, 2006; 4261 posts; 1026 upvotes

Jun 20th, 2018 9:35 am

It has the lot number but not the lot size.

And it also has the name of the model of the townhouse that will be built.

Jun 20th, 2018 10:48 am

gwill211: Member; Nov 5, 2009; 265 posts; 189 upvotes

Jun 20th, 2018 10:48 am

Is it a condo town home? If so then it's normal not to have a lot size. It is extremely weird not to have interior dimensions tho!

Altho even if you had interior dimensions on a floor plan the paperwork always states that it could be off by a bit or not exact.

Is the builder refusing to get you the info you want?

+1

Jun 20th, 2018 10:36 pm

poorwingman [OP]: Deal Addict; Jul 4, 2006; 4261 posts; 1026 upvotes

Jun 20th, 2018 10:36 pm

gwill211 wrote: ↑ Is it a condo town home? If so then it's normal not to have a lot size. It is extremely weird not to have interior dimensions tho!

Altho even if you had interior dimensions on a floor plan the paperwork always states that it could be off by a bit or not exact.

Is the builder refusing to get you the info you want?

It's a freehold townhouse.

Perhaps we can ask for the marketing materials to be included as part of the agreement of purchase and sale. The floorplans that are part of the marketing materials include dimensions. Whereas the floorplans currently in my agreement do not have any dimensions.

Jun 21st, 2018 8:29 pm

gwill211: Member; Nov 5, 2009; 265 posts; 189 upvotes

Jun 21st, 2018 8:29 pm

poorwingman wrote: ↑ It's a freehold townhouse.

Perhaps we can ask for the marketing materials to be included as part of the agreement of purchase and sale. The floorplans that are part of the marketing materials include dimensions. Whereas the floorplans currently in my agreement do not have any dimensions.

I've sold a lot of town home projects in alberta and this seems very strange. It opens the builder and you up to liability which would be easy to fix by providing the info in your builders contract.

Who's the builder?

I mentioned it already but the floor plans you see in marketing materials are not exact and can sometimes vary. I've seen huge swings in sizes In condo projects.

Jun 21st, 2018 8:48 pm

Cas77: Banned; May 12, 2004; 9756 posts; 4135 upvotes; Ottawa

Jun 21st, 2018 8:48 pm

poorwingman wrote: ↑ It's a freehold townhouse.

Perhaps we can ask for the marketing materials to be included as part of the agreement of purchase and sale. The floorplans that are part of the marketing materials include dimensions. Whereas the floorplans currently in my agreement do not have any dimensions.

1) ask them to include the marketing material as an addendum to the p&s agreement.
2) ask them for a copy of the survey. If they won’t supply it go to city hall and get a copy, it might even be online depending where you live.

Jun 21st, 2018 11:31 pm

gwill211: Member; Nov 5, 2009; 265 posts; 189 upvotes

Jun 21st, 2018 11:31 pm

Cas77 wrote: ↑ 1) ask them to include the marketing material as an addendum to the p&s agreement.
2) ask them for a copy of the survey. If they won’t supply it go to city hall and get a copy, it might even be online depending where you live.

marketing materials are not to scale and subject to change and a million other variables that should not be relied upon... they are good for a general idea only.

Jun 22nd, 2018 11:22 pm

canoek: Deal Addict; Jul 30, 2015; 4087 posts; 3368 upvotes; Toronto, ON

Jun 22nd, 2018 11:22 pm

Marketing materials are not legal documents.

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