Condo buyer’s dream home turned into nightmare after pipes spoil view
Global News
By Sean O’Shea
01 July 2015
MISSISSAUGA — Fariba Hatami was among the first customers to buy a
pre-construction, low-rise Mississauga condominium in 2012. For
$473,000 she says she was promised an unobstructed view.
Now, Hatami faces a giant jumble of natural gas pipes and valves a few
metres from her windows and balcony door.
“This is not where I want to live,” says a dejected Hatami, who says
she was shocked to find the permanent structure positioned squarely in
front of her unit.
The school teacher and yoga instructor says she was charged a “premium”
by the sales representative for the corner unit, which is just under
1,000 square feet in size.
The gas structure was installed by Enbridge, Inc., an energy
distribution company, in consultation with VANDYK Corporation, which is
developing the Windows on the Green project on Erin Mills Parkway.
Customers who buy pre-construction condominium units can’t be sure if
they’ll have utility services nearby, or in full view, until the
project nears completion.
Purchase agreements give developers the right to make changes to the
project as they see fit, often without advance warning to consumers.
“My client has adhered to all building codes and utility requirements,”
Bruce Milburn, a lawyer representing VANDYK said in a letter.
“[The purchaser] shall have absolutely no claim or cause of action
against the Vendor for any such changes.”
VANDYK refuses to give Hatami the option to cancel her purchase
agreement because of the unexpected arrival of the natural gas pipe
structure.
The builder also declined to offer another unsold unit in the
development, or to reduce the price of Hatami’s unit in any way.
Hatami says she was misled about the view when she purchased the unit,
referring to the conversation she had with the sales representative in
2012.
“I asked what’s going to be built here and she says ‘park view’,” said
Hatami.
But Domenic Zita, president of VANDYK Commercial, says his company’s
representatives are always forthright.
“When we’re asked specific questions about specific things we try to
answer them and answer to the best of our ability,” he said.
“We try to do
the best we can to mitigate this.”
Zita told Global News VANDYK worked with Enbridge to move the gas pipe
structure farther from Hatami’s unit than was originally planned.
He says he was “surprised about the size” of the structure when it was
installed.
“It could have been one foot high, two feet high or half its size.”
But Hatami is frustrated with the company’s responses, saying had she
been told about the utility placement, she would never have bought the
unit.
“I had three and a half years to find something else,” she said.
In addition to loss of enjoyment of the condo, Hatami says she is
worried about whether her unit is safe given the proximity of the pipes
to her open windows.
She has raised concerns with the city of Mississauga, the Technical
Standards and Safety Authority and Enbridge.
She also says real estate agents have told her the resale value of the
unit will be diminished because of the natural gas pipe structure.
Zita disagrees. He says his company is “working with Hatami” and will
create landscaping around the structure to improve her view.
But Hatami doesn’t believe it will make any difference.
“If this is a good thing, why don’t they take it back and sell it for
more?”
Condo developer offers refund, then changes its tune
Global News
By Sean O’Shea
27 July 2015
MISSISSAUGA — Fariba Hatami thought the battle with her condominium
developer was over, a few days after she told her story to Global News.
“I paid for park view and I got pipe view,” says Hatami, referring to
the two-metre-high tangle of natural gas pipes directly outside her
first-floor condo unit.
The Mississauga woman says she was explicitly told she would have a
“park view” when she agreed to pay about $460,000 for the unit, which
is about two months from completion.
But after a site visit, she saw the sprawl of pipes directly in front of her two windows and patio door.
After complaining to the developer about the positioning of the piping,
she says she was offered no alternative — such as a choice of a
different unit, or the opportunity to get out of the deal.
After the Global News story aired, she says she was contacted by
Domenic Zita, Executive Vice President of the VANDYK Group of
Companies. In a meeting at the company’s offices, Hatami says Zita was
direct.
“He said, ‘What do you want?’ I said, ‘I want out of the deal,'” says Hatami.
She says Zita even had a cheque prepared for the value of her deposit: more than $40,000.
But she says she was surprised it had been prepared in advance, along with a release form.
“I was scared, I wasn’t prepared for it,” says Hatami, who says she
wanted to ask her lawyer to review the release she would have to sign.
She says Zita appeared to have no problem with her consulting her lawyer.
But days later, after Hatami signed the release, she says her lawyer
suggested asking VANDYK if the company would pay part of her legal
costs, about $1,000. At that point, VANDYK allegedly withdrew its offer
to allow Hatami out of the purchase agreement.
VANDYK declined a Global News request for an on-camera interview, preferring to send a statement attributed to Zita.
“VANDYK offered to release Ms. Hatami from her legal and binding
agreement for the purchase of Suite 109 at our development. The release
offer included a full refund ($40,000.) of all deposit monies received
from Ms. Hatami, without any offset or penalty, as well as the refund
on all upgrades she purchased ($497.20),” it reads.
“In addition, we incurred $2,000 in legal costs, which we will have to
absorb. We were notified by her lawyer that the acceptance of the
release was conditional on reimbursement of her legal fees. This was an
additional cost we weren’t prepared to incur.”
Hatami says she was willing to accept the original offer without legal fees but the company didn’t give her that choice.
“(My) lawyer sent them a second email that we won’t ask for the legal fees and they said no a second time,” she says.
Hatami says she’s unimpressed with how she was treated by VANDYK and
would not recommend the developer to anyone considering a condo
purchase from the developer.
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