BuzzBuzzHome Logo

 
Change Location
 
 
COLIN SMITH
NewBee
reply 1
 

Pre-Sale Condo Scam

For over 20 years, contract condo marketers like Rennie, Anson, MAC, Domicile, Platinum ProjectMarketing amongst othershave been brainwashing & scamming inexperienced real estate buyers -- mostly first-timers. This also includes in-house marketersat Concord Pacific, BOSA, Anthem, Magellen 20/20to name a few. Neither the federal, provincial, nor municipal governments have implemented any laws to protect consumers who buy on pre-sale -- only the 7 day right of recission and general contract laws apply.

As far as we are concerned, it's still a wild west mentality out there with developers and marketers taking full advantage of the lack of legal protection for consumers. Even the new 5 year warranty requirement against leakage is worthless since most condos leak after 5 years at which point its every owner for themselves.

The pre-sale contract speaks for itself in various ways. First, the developer will not allow for any changes whatsoever. It should come as no surprise that the contract is written by the developer's own lawyers in their favour with a variety of safeguards to protect their interests in case of delay, changes, etc. With so many people lined-up to sign, what incentive is there for the developer to accommodate sophisticated, educated, and experienced condo buyers who simply want a fair shake -- absolutely none!

Here are two examples of unfairness that seem to be prevalent in most contracts:

(1) Developer keeps the interest on purchaser's deposit funds. Comment: Despite the fact that interest rates are at record lows and the amount of interest accumulated would simply be a few hundred dollars per suite, developers choose to be greedy and nickel-and-dime the purchaser. Even though the buyer has (in most cases) trusted the developer with their life savings & is willing to go into debt for 20+ years, the developer is still greedy & heartless & chooses to suck every nickel from the naive buyer.

(2) The suite can be up to 3% smaller with no reduction in price. Comment: If you buy a 1000 square foot unit for $500,000 on pre-sale, it can be 970 square foot on completion and you will still be paying the full $500,000. There will be no reduction in price. You have just paid $15,000 ($500 x 30) for nothing!

(3) Nothing is the marketing material is legally binding. Comment: The marketing material can promise you the world. The sales staff can promise all sorts of things. And guess what? The contract clearly states that nothing in the marketing material (including models) or verbal statements by staff is legally binding.

Condo marketers are highly paid to achieve the following objectives:

(1) Sell as many units on pre-sale based on glossy brochures containing exaggerated, legally unenforceable promises. Since the purchaser cannot have a look at the finished condo and since the contract clearly states that nothing in the marketing material is legally binding, the developer gets off scott-free.

(2) Charge as much as you can for each condo. Did you know that prices for condos are not included with the sales brochures handed out. If you are lucky, you get a price range sheet. The reason is because prices keep getting increased based on the number of people buying. If you bought suite 1701 for $500,000 at 11:00 am (when the sales centre first opened), it is entirely possible that someone may pay $600,000 for suite 1601 at 4:00 pm the same day. The price may also fluctuate depending on who you are (how you are dressed, your occupation, etc.). Condo buyers are routinely sized-up by trained sales agents who try to find out how much they can squeeze out of you.

(3) Give you as little as possible. Marketers use all sorts of pressure tactics to get you to buy now. They claim that all of their previous projects were "sold out" within the first few days/weeks when in fact a large number of units have simply been set aside under the developer's secondary numbered holding company. Marketers also use terms like "last", "final phase", etc. to train and brainwash you into thinking that there will be no more in a particular area when in fact they will build another project a few months later in the next block. Marketers are not on the side of the buyer. They are on the side of the developer. Marketers result in an increased price for the buyers. And since there is no "No Name" developer (as in the food business), condo buyers are forced to pay higher and higherprices to get less and less.

After reading the above, do you really want to buy pre-sale?

We suggest you leaveyour cheque book at home, go to the pre-sale event, chat with others while there, enjoy refreshments, take a brochure home with you and use it to wrap your banana peels.

We believe there were will be lots of condos available when the project is finished either from the developer's own leftover stock (there is no such thing as 100% sold out -- they're lying) or from purchasers who have had a major life changing event during the 2 years it typically takes to build a condo (bankruptcy, divorce, job location change, etc.)

NYC had it's Madoff. Vancouver has many Madoffs. They are known as condo developers & marketers.

End.
4
British Columbia / New Developments
 
 
 
MICHAEL B
Buzzer
reply 51 vote 5
 
 
2 BEST REPLY

As with anything in life, you need to do your homework. Doing your best to dot all your i's and cross all your t's is usually enough to avert disaster. Perhaps you might just be better off renting.

 
 
 
BRIAN ELIZABETH
Buzzer
reply 157 vote 7
 
 
2
How is this "scamming" people at all?

These condos are marketed. Do you really see a problem with marketing and advertising? Are you also saying that Coke, Pepsi and every other company in the world is scamming people by marketing?

The builders have contracts that their lawyers wrote. The purchasers has SEVEN days to review this contract with their lawyers, and have their lawyers go back and forth with the builders on any issues that they see. IF they are not happy with the contract, they can walk away without losing anything. No one is holding a gun to their head, making them sign the paper work.

You complain that there is wiggle room in the size of the suites. I have seen this go both ways, and at times purchasers getting larger suites than they originally planned. Building a large condo is not easy, and there are often little changes that need to be made along the way toaccommodatethese changes, which might impact the size of the suite.

You complain that the marketing material is not legally binding. Correct, but the contract is. And, if someone promises you something, then get it in writing in the contract. Easy.

You don't like the fact that prices increase when there is high demand? Welcome to the free market, where supply and demand creates the market value and price.

I don't understand why people refuse to take the consequences of their actions. If you made a mistake, deal with it. Learn your rights, and protect them.

End.
 
 
AMAR PAL
Buzzer
reply 98 vote 7
 
 
Strange Post

Yes, developer contracts are biased to protect the developer's interests, not surprising considering they are written by their lawyers.

Having said that, there's many potential benefits of buying a presale as well. Best selection within the building and getting the exact layout/view/floor you want, customization of the home, time to plan/save for the final mortgage needed, potential increase in value during construction and more...

The key is buyers make an educated decision on the pros and cons and making the best choice that works for them.

Why can't people take responsibility for that without blaming other of scams?

Better yet, take the responsibility of getting assistance from an agent specializing in presales who can help you navigate the risk/rewards, help your review the contract, and compare values to current resale options to make sure there's strong potential of upside.

Without simply plugging ourselves, there are many others who frequent these forums as well.

I've seen and helped presale buyers make hundreds of thousands of dollars during the course of construction.

It's not a matter of scams, it's a matter of educated investment decisions like anything else.
 
 
ALLEN
Buzzer
reply 129 vote 34
 
 
1

Colin, sounds like you have a beef with your developer.
If pre-con sales were scams than the government and the provincial home warrantyprogram would be there to stop them. There are rules out there and agreements and contracts are written and reviewed by licensed real estate lawyers, so everything is legit.

Yes, developers are attracting purchasers with their slick marketing materials and making a lot of money selling these units, but that is their job/business, just like any other industry.

Any wise home purchaser would be reviewing their purchase agreements and other documents and have their lawyers do that as well. That is why there is a 10-day rescinsion period to make up your mind after you place an offer.

 
 
 
 
 

Add a Reply

Login or Signup to add a reply
 
Follow

Search

Search Conversations:

 

Check These Out

The Leonard, Condominium

The Leonard

theleonardtribeca.com

Condominium

101 Leonard Street New York New York


 
Halcyon Condos, Condominium

Halcyon Condos

www.halcyonny.com

Condominium

305 East 51st Street New York New York

From $1,500,000 To $5,000,000

 
 

Welcome back!

We think you might have cookies disabled - if you do, you'll need to enable them before logging in.

Forgot your password.

Enter your Login Email below to reset your password.

Loading logo

Roger that.

We've sent you a link to reset your password. Now go check your inbox!

Join the Buzz

Email is valid
Password is valid
Full name is valid

I'd like to receive BuzzBuzzHome's weekly e-newsletter on all the latest real estate buzz.