Condo date of possession change - Contract question

[Tiger]

The Condo I am purchasing this month, in fact next week had it possession date changed.

I was give official notice on the 14th of dec that my possession date is jan 28th. Today (jan 20th) I was called and told that the date is changed to march 9th, because they haven't started finishing the units on that floor.
now the contract states:

"the seller may extend any closing date, or any revised closing date for a reasonable period provided that the seller first gives no less than 35 days notice of such extension to the purchaser."

ans states

"The seller hereby accepts the foregoing offer. The seller agrees to duly complete the sale on the terms and conditions of the offer. Should the seller fial to do so, the purchaser may (at the purchaser's option) cancel the agreement and withdraw the deposit, or take whatever remedies the purchaser may have at law"

Did they just give me a out of my contract?
they even threaten to sue me if I was not prepared to close on the 28th of Jan.

[onetwo_threefour]

Maybe . But no lawyer in his right mind will give you an opinion without seeing everything, including the contract and the letter.

If you're using the builder's lawyer, now might be the time to get a second opinion if you are looking to get out of the deal.

[Winsor_Pilates]

I think you may have a case. If you're looking to get out of your contract, talk to a lawyer and/or the superintendent of real estate. I can't say for sure without seeing the contract, but this seems like and F-up on their part, and you might be entitled to some sort of compensation atleast.

The key is that they gave you "official" closing notice. If it was just estimated date, then you for sure would not have a case.

edit: The length of time between your notice and closing is really large. Are you sure it was the "official" notice. We usually only give that 10-14 days prior, but maybe in AB they have to give 30+ days. Not sure.

[Nancy]

The ANHWP requires 35 days written notice. (You should have received a letter.) If a possession date is missed, I think the builder is obligated to reimburse your costs (e.g. lodging or additional moving expenses) but I'm not sure it necessarily gives you an out on the contract.

[Tiger]

yeah it was and official letter mailed to me, Giving me the notice.

I will contact a lawyer and see what is going on

[troutman]

Originally Posted by onetwo_threefour

Maybe . But no lawyer in his right mind will give you an opinion without seeing everything, including the contract and the letter.

If you're using the builder's lawyer, now might be the time to get a second opinion if you are looking to get out of the deal.

Good advice.

Most builder's contracts are iron clad, and heavily slanted in their favour.

[Blaster86]

If it were in BC you could sue them and get out of the contract for changing it UNLESS it said in the contract they have a right to do this, in which case I probably would have backed out in the first place.