本文发表在 rolia.net 枫下论坛Delayed Closing Protection for Freehold Homes
If a freehold home is delayed beyond five days without the builder providing proper written notice to the purchaser, or if the delay is beyond 120 days for any reason, the homeowner may be identitled to compensation.
The maximum amount a homeowner may claim for living expenses incurred as a result of the delay will vary depending on whether supporting receipts or other proof of direct costs is provided. If the homeowner submits a Delayed Closing Form together with all receipts, he/she may be able to claim up to $100 per day in living expenses (such as temporary accommodation costs), plus other direct costs caused by the delay (such as extra moving and storage costs), up to a maximum of $5,000.
Without supporting receipts or other proof of expenses, the homeowner may claim up to $60 per day for living expenses. Homeowners who choose the 搉o receipts?option are advised to keep a copy of their receipts or any other proof of claim as these may be required to support a claim if the builder requests a re-assessment.
When and for how long can my builder delay closing?
The Ontario New Home Warranties Plan Act specifies that if a builder requires additional time for construction, they may extend your closing date, without paying compensation, under the following circumstances:
Major Delay (of more than 15 days)
Your builder must notify you in writing at least 65 days prior to the original closing date in your purchase agreement in order to delay your closing up to a maximum of 120 days. As part of this notification, the builder must also set a new closing date which will be referred to as the 揺xtended?closing date.
Minor Delay (of 15 days or less)
Your builder must notify in writing at least 35 days prior to the original or extended closing date in your purchase agreement in order to delay your closing up to 15 days. The builder must also set a new closing date at that time. However, if there has already been a major delay, the combined delay cannot exceed 120 days.
A builder can delay possession of a new freehold home for up to five days without giving notice or compensation. Also, please note there is no compensation for delays caused by events beyond the builder's control, such as strikes or floods, or delays which you cause.
When can a purchaser claim compensation?
The homeowner will have one year from the date of possession to make a claim for compensation by submitting to both Tarion and the builder, a completed Delayed Closing Form with copies of all documents required in that Form. In order to be compensated, homeowners must first close the sale. If the builder refuses to close, homeowners should call the Tarion corporate office for information on how this will affect coverage.
Making a Claim for Delayed Closing
Homeowners who have not received proper notice of a delay, or where the delay exceeds the maximum permitted, should contact their builder and use best efforts to resolve the delayed closing claim directly with them.
If the builder fails to resolve the delayed closing claim, the homeowner should request a Delayed Closing Form package by contacting the Tarion corporate office.
IMPORTANT
If the home's date of possession is between October 1, 2003 and April 30, 2004, the homeowner must submit the delayed closing claim within the first 30 days of possession or during the final 30 days of the first year of possession. If the home's date of possession is on or after May 1, 2004, the service rules that apply are described in the Delayed Closing Form package and in the Delayed Closing/Delayed Occupancy section of the Warranty Service Rules.
The option of making a claim for up to $60 a day for living expenses without submitting receipts or any other proof of payment applies only to homes with a date of possession on or after May 1, 2004.
Termination
If the closing date in your purchase agreement is delayed beyond a total of 120 days, you have the right to terminate the purchase agreement between day 121 and day 130. For example, if your original closing date is January 1, 2004, it can be extended until April 30, 2004. If the purchase is not completed by then, you would have from May 1 to May 10, 2004 to terminate the agreement.
If you don抰 terminate the agreement by day 130 (May 10 in the example), the builder is entitled to additional delays of up to 120 days total.
If the further 120 days expire (on September 7, 2004 in the example) without the purchase being completed and you cannot agree with your builder to a new closing date, under the terms of your purchase agreement the agreement may automatically terminate and, if so, the builder must return your deposit with interest.
Please note, if you sign an agreement to amend or change your closing date, this may affect your right to compensation and you may face fresh delays as described on this page.
If you are unsure about your rights regarding delayed closing, you may wish to seek the advice of a lawyer.更多精彩文章及讨论，请光临枫下论坛 rolia.net
If a freehold home is delayed beyond five days without the builder providing proper written notice to the purchaser, or if the delay is beyond 120 days for any reason, the homeowner may be identitled to compensation.
The maximum amount a homeowner may claim for living expenses incurred as a result of the delay will vary depending on whether supporting receipts or other proof of direct costs is provided. If the homeowner submits a Delayed Closing Form together with all receipts, he/she may be able to claim up to $100 per day in living expenses (such as temporary accommodation costs), plus other direct costs caused by the delay (such as extra moving and storage costs), up to a maximum of $5,000.
Without supporting receipts or other proof of expenses, the homeowner may claim up to $60 per day for living expenses. Homeowners who choose the 搉o receipts?option are advised to keep a copy of their receipts or any other proof of claim as these may be required to support a claim if the builder requests a re-assessment.
When and for how long can my builder delay closing?
The Ontario New Home Warranties Plan Act specifies that if a builder requires additional time for construction, they may extend your closing date, without paying compensation, under the following circumstances:
Major Delay (of more than 15 days)
Your builder must notify you in writing at least 65 days prior to the original closing date in your purchase agreement in order to delay your closing up to a maximum of 120 days. As part of this notification, the builder must also set a new closing date which will be referred to as the 揺xtended?closing date.
Minor Delay (of 15 days or less)
Your builder must notify in writing at least 35 days prior to the original or extended closing date in your purchase agreement in order to delay your closing up to 15 days. The builder must also set a new closing date at that time. However, if there has already been a major delay, the combined delay cannot exceed 120 days.
A builder can delay possession of a new freehold home for up to five days without giving notice or compensation. Also, please note there is no compensation for delays caused by events beyond the builder's control, such as strikes or floods, or delays which you cause.
When can a purchaser claim compensation?
The homeowner will have one year from the date of possession to make a claim for compensation by submitting to both Tarion and the builder, a completed Delayed Closing Form with copies of all documents required in that Form. In order to be compensated, homeowners must first close the sale. If the builder refuses to close, homeowners should call the Tarion corporate office for information on how this will affect coverage.
Making a Claim for Delayed Closing
Homeowners who have not received proper notice of a delay, or where the delay exceeds the maximum permitted, should contact their builder and use best efforts to resolve the delayed closing claim directly with them.
If the builder fails to resolve the delayed closing claim, the homeowner should request a Delayed Closing Form package by contacting the Tarion corporate office.
IMPORTANT
If the home's date of possession is between October 1, 2003 and April 30, 2004, the homeowner must submit the delayed closing claim within the first 30 days of possession or during the final 30 days of the first year of possession. If the home's date of possession is on or after May 1, 2004, the service rules that apply are described in the Delayed Closing Form package and in the Delayed Closing/Delayed Occupancy section of the Warranty Service Rules.
The option of making a claim for up to $60 a day for living expenses without submitting receipts or any other proof of payment applies only to homes with a date of possession on or after May 1, 2004.
Termination
If the closing date in your purchase agreement is delayed beyond a total of 120 days, you have the right to terminate the purchase agreement between day 121 and day 130. For example, if your original closing date is January 1, 2004, it can be extended until April 30, 2004. If the purchase is not completed by then, you would have from May 1 to May 10, 2004 to terminate the agreement.
If you don抰 terminate the agreement by day 130 (May 10 in the example), the builder is entitled to additional delays of up to 120 days total.
If the further 120 days expire (on September 7, 2004 in the example) without the purchase being completed and you cannot agree with your builder to a new closing date, under the terms of your purchase agreement the agreement may automatically terminate and, if so, the builder must return your deposit with interest.
Please note, if you sign an agreement to amend or change your closing date, this may affect your right to compensation and you may face fresh delays as described on this page.
If you are unsure about your rights regarding delayed closing, you may wish to seek the advice of a lawyer.更多精彩文章及讨论，请光临枫下论坛 rolia.net