Substitution and Delay

Many of your protections relating to substitutions of materials only apply if you abide by the terms of your Agreement of Purchase and Sale. In other words, when you have to pick colours, samples, materials, etc.  DO IT ON TIME!!!!! If you do and a significant change is made Tarion says that no substitution can be made without your consent in writing unless you do not make your selection on time (see above) or a selected item is not available and you do not re-select within 7 days of notice  in writing that the item is unavailable. Where you fail to select in accordance with the terms then the change must be of an equal or better quality. Then if there are substitutions made without your consent (please note most agreements contain your consent to a lot of these things), you may have a claim to damages provided you close and the claim is made within 1 year of completion for possession. In order to determine your rights, more exactly I suggest you speak to your lawyer and have he or she advise you based on your specific circumstance how best to proceed.

Although it is certainly in their best interest and although I believe most Builders do everything they can to close on the pre-set closing date, I am finding more and more, that a high percentage of new home purchases DO NOT CLOSE ON TIME.  What does this mean to you?

 You need to determine when you are buying whether you are buying with a Firm or Tentatvie Closing Date. There are 2 addendums available from Tarion:  READ THEM CAREFULLY as they set forth exactly what can happen and what delays can accrue if any.

Delays can affect financing, accommodation notices, budget etc. In this market you need to be prepared to deal with the results if an extension occurs. If the Builder complies with Tarion you will have no remedy to compensate you for the inconvenience or the additional expense.  The consequence of these delays can be quite upsetting. I recommend that everyone buying a new home prepare himself or herself when they make the original offer and continuously thereafter, for extensive delays and that way you face no surprises.