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Originally Posted by johnjimbc
I'm not sure of the exact language, but most contracts and disclosures include some type of time-frame by which the unit must be completed for the purchaser. In the US contracts for new development are required to have a 24-month limit. I don't know if Canada has the same law, but I believe there is something similar.
They started marketing the Jameson project over 3 years ago at this point, and the sales center has existed almost that long. So I'd be surprised if some buyers don't already have some legal grounds to demand their deposits back. If not, I wouldn't be surprised if there are lawsuits.
And, as someone else mentioned, I cannot imagine that there isn't going to be some type of disclosure amendment at some point, which a buyer who wants to get out could just immediately reject.
My guess is if the project has any chance financially of moving forward, the developer - or new developer - will have to court the existing potential buyers a bit, perhaps a price adjustment and new contracts. They may lose some buyers in the process, but if they can hold on to part of them, then everyone - buyers and the developer - can start with a clean slate. This is the type of project that might well attract buyers who want a truly unique space in a one-of-a-kind iconic building. So one might be surprised how many stay with the developer - IF they are convinced the project can succeed - even with all the negatives in the air right now.
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I have not seen this particular disclosure statement, but if there were a new developer appointed (or a change in control of the current developer) etc. that would be a material change requiring either a new DS or an amended DS to be filed with FICOM. This would bring with it rescission rights to parties who have already purchased.
Depending on the scope of the works etc. a change in the contractor may or may not be a material change. It would still require an amended DS but not all amendments give rise to rescission rights.
As for the purchase contracts - there would have to be a drop dead dead whereby the contract comes to an end otherwise it could be held to be void for uncertainty. Usually to be safe these drop dead dates are way beyond the likely closing dates - but as you mention this has been dragging for so long that these dates may be in play.