[karpep]

Hi there,

My husband and I bought a condo in Ontario almost two years ago.We're moving in soon. The problem is that we are being relocated to a different country.

Here's the situation. According to the builder's contract we cannot sell without their consent until they have sold ALL of their units (5 left) or one year. We were aware of that when we signed the contract, but weren't expecting to be relocated. :gaah:

We're planning to talk to the builder, but I was wondering if anyone has experienced that kind of conflict before. Essentially, what are our options?

[murman]

Hi there,

My husband and I bought a condo in Ontario almost two years ago.We're moving in soon. The problem is that we are being relocated to a different country.

Here's the situation. According to the builder's contract we cannot sell without their consent until they have sold ALL of their units (5 left) or one year. We were aware of that when we signed the contract, but weren't expecting to be relocated. :gaah:

We're planning to talk to the builder, but I was wondering if anyone has experienced that kind of conflict before. Essentially, what are our options?

Isn't this as simple as just getting their consent? The line you quote says "without their consent". Seems rather straightforward to me...

[zerokarma]

Yea I would try to get their consent, it shouldn't be a major issue if you explain your situtation.

[karpep]

Well it appears to be less than straightforward. They haven't officially said no, but it doesn't look good.

Either way we're moving so if they say no I guess we have no choice to to rent it out and use a real estate agent to sale when we can. The real estate agent part is annoying me the most in that whole thing :yuck:. . We've always sold privately.

[Coldrsx]

^hate to say it, but you should have read all conditions prior to signing.

That condition is ridiculous IMO.

Without their consent i have to say that you are out of luck likely.

[karpep]

^hate to say it, but you should have read all conditions prior to signing.

We read it except that between June 2005 when we bought and Feb 2007 when we are going to move in life happened. You can only plan so much.

[Coldrsx]

^absolutely...and it scares me that the developer put that clause into the contract to be honest, but does it suprise me, not at all.

Life happens yes and we can only plan so far, but a restrictive clause such as that should be removed at the time of sale or an additional inclusion of an "out" added on an addendum.

[CMD UW]

/\ Why, the developer / builder is only trying to secure his sales and profits. I have a feeling that the developer doesn't want purchasers to be selling their units before occupancy. I know you can't do this in Alberta, but you can in other provinces. Ontario being one of them.