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How AI Legalese Decoder Can Help with the Situation

Introduction

Hello there,

I hope this message finds you well. After seeking permission from the moderators to repost this query, I decided to share it with the community again since it may involve legal questions related to Tarion. In this situation, we are dealing with the Tarion clause, which mandates that the developer must provide us with more than 10 days’ notice in the event of a delay. Currently, we have reached the stage where we need to determine the compensation owed to us for these delays.

Background

To give you a brief background, we signed a contract to purchase a new-build townhouse in December 2020. The original move-in date was set for late 2021. However, due to the unforeseen circumstances caused by the COVID-19 pandemic, the timeline has been significantly disrupted. I understand that the chronology of events might seem confusing, so I will outline it more clearly below.

Chronology of Delays

We have faced multiple delays, during which the developer provided us with a “firm occupancy date.” Here is a breakdown of the timeline:

1. January 24, 2022 – Firm Occupancy Date set for March 31, 2022
2. March 8, 2022 – Received a letter regarding an “Unavoidable Delay.” The letter explained that on January 5, 2022, there was a COVID-19 related delay, which could lead to a possible extension of up to six weeks. However, no specific date was mentioned in this email.
3. March 28, 2022 – Received a letter stating the end of the “Unavoidable Delay” and announcement of a new Firm Occupancy Date. The communication mentioned that the COVID-19 related delay had affected the construction schedule by 32 days. As a result, the new Firm Occupancy Date was set for April 25, 2022.
4. April 21, 2022 – Received another letter regarding an “Unavoidable Delay,” this time explaining the postponement of the Firm Occupancy Date to May 6, 2022, due to a COVID-19 case on-site.

Tarion’s Online Calculator and Compensation

According to Tarion’s online calculator, based on the delays provided with less than 10 days’ notice, the developer owes us approximately $7,000 in compensation. The calculator determines the compensation by calculating the number of days between the original delay date and the actual closing date. For our submission, we accounted for March 31, 2022, as the original “firm” date and May 6, 2022, as the revised date. This calculation includes an approximate amount of $113 for a U-Haul van.

Additional Context

To provide a bit more context, we sold our condo in February 2022, with the closing date set for April 12. Originally, we planned to have a one-week interval between closing the condo and moving into the new townhouse, as our initial “firm” date was March 31, 2022.

Challenges and Implications

However, the situation became quite confusing for us. If the developer knew about the delay on January 5, 2022, but informed us on January 24 that a firm date had been set, it led us to believe that the delay mentioned on March 8, 2022, was no longer a concern. Given the lack of further communication from the developer, we were under the impression that March 31 was still our move-in date. Unfortunately, we had already booked a moving van for March 28, and we had to hastily rearrange accommodations, hoping for only a short delay. Luckily, a friend offered their basement, which could be used during this period. Subsequently, we encountered another delay on April 21, which further complicated the situation.

Observations and Seeking Advice

On May 6, I was instructed to collect the keys from the site at around 2:30 PM. However, upon arrival at 4 PM, I discovered that the house was in an unacceptable condition. There was an abundance of garbage, tubs filled with muddy water and refuse, incomplete placement of appliances, holes in walls, a cluttered garage, extensive use of painters tape, an unfinished water heater installation, and mud ground into the oak stairs for which we had paid extra. Consequently, moving in on the planned date became impossible. According to my real estate lawyers, returning the keys was not a viable option either.

Presently, the situation remains unresolved, with the builder missing every deadline set by Tarion, showing poor responsiveness to emails and voicemails, and exhibiting a delay of 4-5 months in completing the Year-End items. Recently, the developer’s administrative staff called me to “discuss” our claim of $7,000. They disagree with the total of 36 days we have proposed, arguing that since they notified us about the delay on March 8, 2022, the subsequent delay should only be considered from April 21 to May 6. In their attempt to diffuse the situation, the agent emphasized their commitment to not canceling the project, offering a compromise of splitting the compensation 50/50, amounting to $3,500. It may be worth mentioning that I have heard from neighbors that this developer lost their builder’s license twice during the construction phase and has had multiple conflicts with Tarion. Understandably, several other neighbors are also unhappy with their conduct.

Seeking Guidance

If you have reached this point, I sincerely thank you for taking the time to read our predicament. I would appreciate if we could tap into the collective knowledge of the community and seek advice on the best course of action. Specifically, I would like to understand whether the builder’s claim that the March 8 email should be considered the correct notice, thus advancing the less-than-10-days-notice deadline to the April 21 email, is valid. Additionally, I would like your opinion on whether we should pursue the original claim of $7,000 or accept the offer of $3,500.

Thank you in advance for your assistance, and I look forward to hearing your insights and suggestions.

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AI Legalese Decoder: Helping You Navigate the Complexities of Legal Language

Heading: Introduction

In today’s fast-paced world, legal language and terminology can be overwhelming and confusing for a layperson. Understanding contractual agreements or deciphering court orders can often feel like decoding a foreign language. However, with the advent of Artificial Intelligence (AI) technology, a new solution called AI Legalese Decoder has emerged to assist individuals in comprehending and interpreting legal texts more easily.

Heading: The Challenge of Legal Language

The intricacies of legal language have always posed a significant challenge for those without a legal background. Oftentimes, legal documents are filled with jargon, archaic terms, and complicated sentence structures that can be difficult to interpret correctly. This complexity can lead to misunderstandings and misinterpretations, which in turn can have serious consequences for individuals involved in legal proceedings.

Heading: The Evolution of AI in Legal Services

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Heading: How AI Legalese Decoder Works

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Heading: The Benefits of AI Legalese Decoder

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Heading: Applications of AI Legalese Decoder

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Heading: Conclusion

In conclusion, the AI Legalese Decoder represents a breakthrough in the field of legal technology, revolutionizing the way legal language is understood and interpreted. By utilizing advanced AI algorithms and NLP techniques, this innovative tool offers much-needed clarity and understanding to those navigating the complexities of legal language. With its potential to prevent misunderstandings, save time, and improve overall legal processes, the AI Legalese Decoder is a valuable resource that opens up a world of possibilities for individuals and professionals in the legal domain.

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