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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96419
Experience:  Lawyer
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I HAD A HOME BUILT IN ALBERTA BY A LOCAL BUILDER. I SIGNED

Customer Question

I HAD A HOME BUILT FOR ME IN ALBERTA BY A LOCAL BUILDER. I SIGNED MORTGAGE DOCS AND MOVED IN MID JUNE 2015. I HAVE BEEN LIVING THERE SINCE AND HAVE JUST RECENTLY FOUND OUT THAT MY LAWYER AND BANK SHOULD NOT HAVE EVER RELEASED THE FUNDS AS THE PROPERTY HAS NOT PASSED FINAL INSPECTION AND DOES NOT HAVE AN OCCUPANCY PERMIT. MY QUESTION IS, IS IT POSSIBLE TO GET OUT OF THIS NIGHTMARE HOUSE AND GET MY DEPOSIT BACK FROM THE BUILDER AND JUST WALK AWAY?
Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.

What does the builder say about this?

What does the lawyer and bank say?

Do you want to get out because there are problems with the house?

Customer: replied 9 months ago.
I want to get out of the house because its been almost 2 years since I signed the agreement to have a house built and I still don't have an occupancy permit. I've been paying a mortgage on a house for 6 months that I could literally be thrown out of by the city at any given moment. I do not know what the builder says about nor my lawyer, nor the bank as I wanted an outside opinion on the matter before hand.
Expert:  Legal Ease replied 9 months ago.

So from what you are saying the builder failed to provide you what you were paying for and as such you have a strong case against the builder if you were to sue. That means the builder will likely be found liable.

But if you have not suffered damages then the builder will not be ordered to pay any.

Your next step should be to either demand that the builder do what is necessary to acquire the permit or else have your lawyer make the demand.

Does that answer your question?

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