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Discussion Starter #1
I'm curious if people have ever encountered this situation. You put a deposit on a house, wait for years for construction, but because of a clause in the contract (specifically, ability to get utility services by a set date to get construction permits), it gets terminated.

Then, they advertise the same houses at the same site for 50% more than what they originally were priced.
Orleans home buyers have contracts for new builds cancelled by Ashcroft Homes

Sounds like dirty pool to me, but I'm wondering what others think.
 

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Hmmm. If the market value of the houses had dropped by 50%, I wonder if they would be protesting to have their contracts fufilled???
 

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Hmmm. If the market value of the houses had dropped by 50%, I wonder if they would be protesting to have their contracts fufilled???
Except I doubt Ashcroft would have canceled their contracts and provided that option. It's more than just about the price, it's about putting people in a holding pattern for 3 years, taking their deposit and then reneging on the deal for a circumstance that could be preventable (i.e. getting permits). Construction delays happen all the time, it's unusual for the contractor to be the one to cancel because of it.
 

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I'm curious if people have ever encountered this situation. You put a deposit on a house, wait for years for construction, but because of a clause in the contract (specifically, ability to get utility services by a set date to get construction permits), it gets terminated.

Then, they advertise the same houses at the same site for 50% more than what they originally were priced.
Orleans home buyers have contracts for new builds cancelled by Ashcroft Homes

Sounds like dirty pool to me, but I'm wondering what others think.
The BC courts have held that to be dirty pool (stagnum sordidum?) in a few cases. Here is but one example (JAG has admonished me that adducing more than one example is tedious, tiring and just plain bad form, hence my exercise of restraint):

SALE OF LAND — Contract — Fundamental breach • Terms • Remedies — Specific performance — Defendant developers purporting to exercise contractual right to cancel contracts for purchase of lakeside strata lots of unregistered subdivision — Trial judge allowing plaintiff purchasers’ actions for specific performance, on basis of fundamental breach — Appeal court affirming result, based on either construction approach, or on unconscionability, given defendants’ ongoing deception that contracts would be completed. • COSTS — Disbursements — Court reporting • Transcripts — Trial judge finding real-time reporting for the trial to have been a necessary and proper disbursement for the trial — Appeal court finding circumstances not justifying the disbursement.

Carlson v. Tylon Steepe Development Corp. C.A., Finch C.J.B.C., Mackenzie & Saunders JJ.A., 2008 BCCA 179, Vancouver CA035469, CA035470, CA035471, CA035472, CA035507, CA035508, CA035509, CA035510, April 30, 2008 , 18pp.
 
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