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Permanent link (DOI): https://doi.org/10.7939/R3M61C159

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Purchasing condominium units from developers: a critical analysis of purchaser vulnerability in the unregulated market and British Columbia's legislative response Open Access

Descriptions

Other title
Subject/Keyword
condominiums
British Columbia Real Estate Development and Marketing Act
consumer protection
Type of item
Thesis
Degree grantor
University of Alberta
Author or creator
Caputo, Frank Joseph
Supervisor and department
O'Byrne, Shannon (Law)
Examining committee member and department
Scholnick, Barry (Business)
Yahya, Moin (Law)
O'Byrne, Shannon (Law)
Department
Faculty of Law
Specialization

Date accepted
2012-05-31T11:42:46Z
Graduation date
2011-11
Degree
Master of Laws
Degree level
Master's
Abstract
Purchasers of unconstructed condominium units face a number of challenges in an unregulated market. Buying a property sight unseen, a purchaser is completely reliant on the developer’s description of the property. Moreover, the disappointed purchaser is profoundly disadvantaged in seeking legal recourse. Common law and equitable remedies leave the purchaser with either limited remedies for being wronged, or even no remedy in some circumstances. Arguing that regulation of the unconstructed condominium market is required, this thesis explores the theoretical foundations for regulation. Specifically, this thesis considers three protectionist measures in the British Columbia Real Estate Development and Marketing Act, providing suggestions for law reform where appropriate. Overall, this thesis demonstrates that regulation favouring either the developer or purchaser results in an unbalanced, unfair marketplace. By choosing a middle ground, the aims of the legislative intervention in the undeveloped condominium market can be met while addressing the needs of all stakeholders.
Language
English
DOI
doi:10.7939/R3M61C159
Rights
Permission is hereby granted to the University of Alberta Libraries to reproduce single copies of this thesis and to lend or sell such copies for private, scholarly or scientific research purposes only. Where the thesis is converted to, or otherwise made available in digital form, the University of Alberta will advise potential users of the thesis of these terms. The author reserves all other publication and other rights in association with the copyright in the thesis and, except as herein before provided, neither the thesis nor any substantial portion thereof may be printed or otherwise reproduced in any material form whatsoever without the author's prior written permission.
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