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 Post subject: Interim Occupancy
PostPosted: Tue Nov 01, 2011 2:23 pm 
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Joined: Mon Jan 24, 2011 11:23 am
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Location: Milton
OK, who knows the deal with this? We've just been told we'd probably have an Interim Occupancy period where we live in the home without officially owning it ... just have to provide proof of insurance.

So, should I panic? Or is this something not so unusual? Anyone been through this before? If so, anything to be ware of?

Thanks!


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PostPosted: Tue Nov 01, 2011 7:03 pm 
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Are these not freehold units? Interim occupancy is something done in condos, but I've never heard of it in an owned home before. If it's a condo, will they be charging you interest on the purchase amount? At what rate? For how long? I would be concerned, and you should definitely talk to your lawyer.


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PostPosted: Tue Nov 01, 2011 7:33 pm 
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Mattamy rep says there's no payment and no interest; the delay is a result of the road not being properly registered ... they expect the delay to be a few weeks or so.


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PostPosted: Tue Nov 01, 2011 7:35 pm 
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Whoa that just set off some alarm bells for me. We are closing in a few weeks. What street is that?


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PostPosted: Wed Nov 02, 2011 8:37 am 
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I guess the unregistered street is the one that goes thru Vista pointe ... connect with Tremaine and Pringle.


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PostPosted: Wed Nov 02, 2011 9:57 am 
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ergocentric wrote:
muzee wrote:
Mattamy rep says there's no payment and no interest; the delay is a result of the road not being properly registered ... they expect the delay to be a few weeks or so.


Hmmm, Scott Blvd. is still an unassumed road south of Derry, or is this something magically different? (do they just not feel like transferring tittle?)

ASK YOUR LAWYER


I am speaking to my lawyer ... it's just so frustrating!! I'm just hoping that everything gets sorted by the closing so we don't get into the Interim Ownership thing.


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PostPosted: Wed Nov 02, 2011 10:06 am 
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muzee wrote:
Mattamy rep says there's no payment and no interest; the delay is a result of the road not being properly registered ... they expect the delay to be a few weeks or so.


I can only assume Mattamy didn't build the road to specs so the town does not want to sign off on it until Mattamy fixes it. Which then causes the houses along that road not being passed inspection and cleared for occupancy either. If you accept the Interim Occupancy you need to ask some serious liability questions and what that would do to your insurance.


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PostPosted: Wed Nov 02, 2011 10:15 am 
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Lots of legal stuff to consider - and the worst part is that it seems Mattamy is just trying to pass it off as nothing much to worry about. First off, nobody contacted us to let us know, and nobody is offering any information - unless I ask a specific question, only then I get answer. We were so hoping for a quick and easy closing!


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PostPosted: Wed Nov 02, 2011 10:23 am 
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Are you in a situation where you have to move in? If you are in another home and do not have to close on time I would just tell Mattamy to hold onto the house till they get this all settled. When they get all the paper work in order for you to close your house as normal... no intern. At this point then you'll take ownership.


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PostPosted: Wed Nov 02, 2011 10:30 am 
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justagirl wrote:
Are you in a situation where you have to move in? If you are in another home and do not have to close on time I would just tell Mattamy to hold onto the house till they get this all settled. When they get all the paper work in order for you to close your house as normal... no intern. At this point then you'll take ownership.


Yeah, we've thought about this ... would be a last resort though ... the problem is that Mattamy won't know for sure how long it's going to take to get the stuff registered. I would need definite dates to make this decision.


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PostPosted: Wed Nov 02, 2011 10:34 am 
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... the problem is: nobody knows how long it takes to fix the road issue. And if you agree to something like "we'll move in when the paperwork is ready" I think you are waiving your TARION mandated notice structure/schedule. Yeah, watch out for a waiver on that. Also watch out for any warranty waiver as you would be living in a house that you have not had PDI done so it can lead to disputes if there is deficiency, quality issues or structural stuff. Whose going to own up to those issues? If you do agree to the Interim Occupancy make sure there is a time-limit Mattamy has to transfer the title to you, otherwise, they should be paying a penalty.
If you can stay at your current place, even if you already sold it, ask the buyers if they allow you to stay. Even if you have to "rent" it from them, agree on the amount and then tell Mattamy to pay (since they failed to give you proper notice of the delay).

But then again ... who knows, maybe it's really not a big deal :?

About lawyers: please don't trust them, or at least, ask for a second opinion. Our closing on the house we sold went horribly wrong. Lawyers and RE Agents are like airline pilots. They love when everything goes smooth and yours is just a cookie-cutter deal. The skill and expertise come to play when things don't go as planned. Our lawyer f$%& -ed it up for us royally. Do your research, ask another lawyer, whatever you can.
I'm truly sorry for what you are going through. Trust me, I hear you. :x


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PostPosted: Wed Nov 02, 2011 10:43 am 
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Well the good news is that the PDI is still scheduled for tomorrow - unless somebody changed that and neglected to inform us (won't be surprising though).
The Mattamy rep says that they hope to have the stuff sorted by the end of this week or early next week (my closing is next Thursday). If by next Tuesday things aren't sorted, I'll be seriously looking at what documentation mattamy provides for the conditions of the Interim Close ... I'm not doing anything unless everything is properly documented and signed off.
Thanks for the helps and advise so far! ... this board is awesome :-)


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PostPosted: Thu Nov 03, 2011 3:32 pm 
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Soooo muzee,
How'd it go???


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PostPosted: Thu Nov 03, 2011 7:52 pm 
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Zoli&Kathy wrote:
Soooo muzee,
How'd it go???


Well the PDI was done today ... nothing to complain about.

Regarding the Interim occupancy, I spoke with one of the neighbours today -they had to deal with the same situation .. but doesn't look like they're "panicing" like I am; seems they're just happy not to have to pay the mortgage for a few more weeks :-) Also, there are a few others who have moved in.

My lawyer says the delay is due to the Condo Corporation not being properly registered as yet. I got an email from him today which I am yet to sit down and read properly. Will keep you posted! :-)


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PostPosted: Thu Nov 03, 2011 8:09 pm 
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Joined: Sun Oct 18, 2009 6:22 pm
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Location: Vista Phase III
are the townhomes under a condo corporation? I thought they were freehold

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