The Agreement of Purchase and Sale you entered into with the developer should contain a provision allowing you to walk away from the deal if the developer cannot meet the final occupancy date for move-in (you get your deposits back, likely with interest). You then have to decide whether you want to quit the investment, particularly if the value of the unit has risen (and you have an attachment to the unit). Should you decide to terminate the Agreement, the developer will be free to sell the unit to a new buyer (at the higher price). Generally purchasers in this situation decide to continue waiting for the unit, even if frustrated by the delay.
Marc P. Kemerer
Blaney McMurtry LLP