01. Start with the signed purchase package
Gather the complete agreement of purchase and sale, schedules, Tarion addendum and Statement of Critical Dates. Include every amendment, even a short document signed electronically. Keep the signing certificates and delivery emails. Avoid relying only on the builder’s latest letter; earlier versions help establish how the dates changed.
02. Build a chronology of the notices
List each notice by its issue date, delivery date and stated effect. Identify tentative, firm and outside dates, as applicable. Record notices of unavoidable delay and any later notices said to end that delay. Your lawyer needs the actual documents to assess their effect, not just a spreadsheet of the final dates.
03. Have the termination window assessed promptly
Tarion describes a 30-day purchaser termination period after the applicable Outside Closing or Outside Occupancy Date when the relevant conditions are met. Whether that right is available in your matter requires review of the governing addendum, notices, amendments and any alleged purchaser default. A delay alone should not be treated as permission to stop performing the contract.
Discuss your documents and next steps with Giri Legal.
Schedule a consultation04. Separate a refund request from compensation
Prepare a record of all deposits and the person or entity holding them. Keep receipts for claimed delay expenses. Returning a deposit, delayed closing or occupancy compensation, and a broader contractual claim are distinct issues. Ask which remedy is supported by the facts, what procedure applies and what proof is required.
05. Get advice before signing or sending a termination
An extension, release or settlement may affect your options. So can the wording, delivery method and timing of a notice you send. If the builder alleges default, provide that letter immediately along with your response and any correspondence from your closing lawyer. Discuss a practical next step before the next contractual deadline.
Your document checklist
- Complete signed APS and Tarion addendum
- Every Statement of Critical Dates
- All delay notices and amendments
- Deposit receipts and expense records
- Default letters and closing-lawyer correspondence
Official resources
- Tarion: Condominium occupancy dates, delays and cancellations ↗
- Tarion: Freehold closing dates and delays ↗
Resources are provided for further reading. Rules and legal rights depend on the applicable law and the facts; confirm current requirements before acting.