Couple wins right to rescind condo purchase contract


Thursday, June 4th, 2009

Judge agrees UBC unit not as advertised

Neal Hall
Sun

A Richmond man who bought a new $3.5-million condominium at the University of B.C. can rescind the purchase contract because he was not fully informed about changes to the development, a judge has ruled.

Timothy Dwane and his wife Teresa became interested in the fall of 2007 in moving from their Richmond home to a condominium in a new development at UBC called Coast.

After several visits to the presentation centre and discussions with real estate agent Ivy Wu of Mac Real Estate Corp., on May 10 last year they put down a $350,000 deposit on a $3.5-million terrace unit, which had about 2,000 square feet of living space and another 2,000 square feet of terrace.

It was supposed to offer expansive views and privacy.

But on Oct. 27 last year, when the couple had access for the first time to the partially completed unit, they were disappointed by the view from the unit and its terrace, and by the privacy, and noticed a wine storage room that had been promised was missing.

The couple later learned they never received the amendments to the original disclosure statement to the project.

The amendments changed the development to 45 condominiums, rather than the previous 35, deleted the wine storage room and increased the density of the development.

Dwane sued the developer, Bastion Coast Homes Ltd. and Coast Development Partnership, alleging false representations were made prior to his purchase.

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