Guidance on Condo closing
I am seeking guidance regarding a dispute with the builder of a pre-construction condominium I purchased in Calgary in mid-2022.
Under the purchase agreement, the condo was originally scheduled to close in May 2024, with a firm outside closing date of December 2024. I paid the full 20% deposit, approximately $60,000.
As we approached the original closing period, I repeatedly contacted the builder and my realtor for updates but received very little communication. The December 2024 deadline passed without a closing notice or meaningful communication from the builder. In January 2025, the builder issued an extension stating that closing would occur around April 2025 and no later than June/July 2025. I remained ready and willing to close, but those dates also passed without the closing occurring.
The builder eventually advised that the closing date would be December 22, 2025. Around that time, I was dealing with significant personal circumstances that caused some delays in arranging my financing, and I requested a short extension of 2 to 4 weeks. My mortgage was subsequently approved in a month, and I immediately contacted the builder to proceed with closing.
However, I was then informed that the builder had already initiated termination of my contract and that I would need to pay approximately $7,000 to reinstate the agreement. I borrowed the money and paid the $7,000 because I am committed to completing the purchase. Shortly afterward, the builder demanded an additional approximately $5,000 in interest. I have repeatedly attempted to work with them including requesting a payment arrangement, but they have not been cooperative.
I have already paid approximately $60,000 toward this property, and the builder has held those funds for several years. I remain willing and financially committed to closing, and I currently have mortgage financing approved.
I would like to understand whether the builder's delays and handling of the closing/termination were proper, whether the additional penalties and interest are enforceable, and what options I have to either complete the purchase or protect/recover the approximately $60,000 I have already paid.