I’ve been blogging about this dysfunctional builder that is allegedly building our new home in Oakville and it’s kind of the “gift that just keeps on giving“, at least for my readers (many of whom simply cannot believe how egregious developers and builders (this guy certainly is NOT a developer and actually he’s not even a builder – to date he hasn’t even been able to build a reputation let alone a house!).
I’m still waiting for the representative of the Municipality of the Town of Oakville to return from his holidays and answer my questions to him (set out in my blog of August 19, 2016 – Picking Up From Yesterday Blog, Regarding The Developer’s And Municipality’s “Failure To Respect The Subdivision Agreement”– if you didn’t read it you will want to and probably before going through this one).
So, here’s the latest!
I visited the site again this week (unbeknownst to the builder – I find surprise visits most effective as he has proven himself to be a “pathological liar” but not spontaneous at all so my efforts to get anything close to honesty are substantially enhanced when he doesn’t have time to formulate his lies).
So while there, talking with some of the unfortunate buyers who have been unethically and potentially illegally “forced to accept occupancy by this guy (the builder)” despite the horrific conditions of not only the site but also their homes, I discovered that five (5) Closings this week had to be cancelled due to the homes having no gas meter and the furnaces did not pass!
Let’s get this straight!
This guy, served these consumers formal Notice of Occupancy in homes that do not have properly running furnaces (gas furnaces)
A couple of these consumers have been living in the middle of this construction zone for almost a full year (already endured a winter amongst the noise, muck, rubble and mess)!
So, my logical questions is: “is this guy lying to his buyers in delivering them Occupancy Notices” or “is the Municipality of the Town of Oakville issuing Occupancy Certificates without having already inspected the homes“?
So I want you to imagine for a moment that you are one of these buyers (who have spent upwards of $1.25 Million Dollars on your home), received an “Occupancy Notice” setting out the date of your Closing (a closing that the Subdivision Agreement saying “CANNOT OCCUR” due “a fence that has not been built” – Schedule M Clause #39) so you gave up your present residence, arranged a moving van to pick up all your furniture and belongings, attended the Pre-Delivering Inspection and discovered that the home has no gas or proper operating furnace or air conditioner for that matter).
All that is needed by the way, for an Occupancy Permit is “one operable bathroom and one operable sink” (now this is a whole new top for discussion) so guess these families were supposed to move in using one sink and one bathroom!
Does any of this make any sense whatsoever to anyone out there?
I’m almost 40 years in the condo business and it make absolutely no sense to me!
Now, something is materially wrong here.
Either this guy (the builder or the guy using the identity of one) was lying about having an Occupancy Permit or the Municipality of the Town of Oakville is negligent in handing out Occupancy Permits without having properly inspected the homes!
Whichever way you look at it, read it or understand it, it boils down to the consumer being definitively no legal or ethical treatment.
The prime motivation behind this guys initiatives always have boiled down to “nickel and dime” issues about . . . . well, you guessed in . . . . “money“.
He gets full payment on the houses when each Closes, so you can see why this greedy little man is imposing such hardship on these trusting consumers!
If the burden of responsibility rests with the Municipality, then something is materially wrong and must be changed!
The site inspector that I talked with prior to my August 19th blog, was quick to point out that the consumer does not have to move in just because they issued an Occupancy Permit” (how about simply living by the existing Agreements to which the Municipality, which clearly say “no fence no occupancy” (this really does not appear to be too complex or difficult to understand).
What he didn’t attempt to explain or possibly was unaware of is that the greedy little builder (all developers get away with this) uses that Occupancy Permit (that he says simply “allows a property to be occupied but doesn’t require occupancy” – a flawed logic in and of itself!) as a legal “weapon” to force occupancy on the consumer/buyer, who very well may end up living in or at least paying occupant fees or advancing the full cash on a house that has “only one sink and one toilet“!
Where the hell does such illogic come from?
Most of these consumers/buyers don’t realize just how badly they are being screwed over by this guy and apparently by the Municipality (although I really should wait for the City’s guy promised reply to my email to the city when he returns from holidays).
The point is that once developers and builders get their hands on the money, they have no more incentive to honour all of the undertakings that they accepted before launching!
The Municipality repeatedly has tried to hide behind having “a surety bond” (they call it “a deposit” but I’m confident that it is actually a surety bond as the builder or developer don’t have to put up the cash).
I knew this was coming when I first reported the issue about the breach of Schedule M in the Subdivision Agreement (that I hounded to get my hands on for over a year!) to the City and heard their conventional “run-arounds” like the fact that they have a deposit or surety bond from the developer and can fix everything in the event that the developer or builders “walk” away from their obligations!
But doesn’t common sense tell us that if they’ve gotten their money there is simply no incentive for them to get these obligations honoured!?!
The Subdivision Agreement would have been entered into allegedly to force them to get everything done in a timely manner.
Do you think that with over $20 Million Dollars at stake (18 homes at an average of $1.2 Million) the builder and the developer would have everything in order before trying to impose occupancy on the consumers/buyers?
Now that the Municipality has granted Occupancy Permits in “BREACH” of the Subdivision Agreement, where is the incentive to get the property truly into inhabitable condition prior to requiring the buyers to hand over all that cash (and live in a literal war zone of mud, clammer and chaos).
There is at least the appearance that the Municipality is more loyal to the developer/builder than they are to the consumer, who puts up all the money that the builder, developer and municipality walk away with!
And not only does the Municipality walk away with big bucks up front!
They also enjoy ongoing property taxes, from these very people that they are allowing to be exposed to such exploitation, at the hands of obviously untrustworthy developers and builders!
Municipality makes big bucks, developer makes big bucks, builder makes big bucks, consumer gets screwed!
Isn’t the fundamental responsibility of any government to protect the consumers that pay all those taxes which employs all those civil servants?
The key thing in today’s blog to remember is that all these consumers are being exploited (financially, emotionally, ethically and legally) yet no-one has stepped up to protect them!
And then there is Tarion (who are supposed to be there to protect consumers) who will not even get involved in anything until “after Closing“!
So, move in take the abuse and “we’ll look into it down the line“.
What about simply making the builder and developer do what they are contracted to do.
That would all start with Schedule M of the Subdivision Agreement that no-one has been able to get their hands on (I had to travel to the head office of the builder after having chased after it for over a year!).
This really does not seem too difficult to understand!
After all the Municipality is a Party to the Subdivision Agreement!
Municipality of the Town of Oakville