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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

  • Author / Creator
    Caputo, Frank Joseph
  • 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.

  • Subjects / Keywords
  • Graduation date
    2011-11
  • Type of Item
    Thesis
  • Degree
    Master of Laws
  • DOI
    https://doi.org/10.7939/R3M61C159
  • License
    This thesis is made available by the University of Alberta Libraries with permission of the copyright owner solely for non-commercial purposes. This thesis, or any portion thereof, may not otherwise be copied or reproduced without the written consent of the copyright owner, except to the extent permitted by Canadian copyright law.
  • Language
    English
  • Institution
    University of Alberta
  • Degree level
    Master's
  • Department
    • Faculty of Law
  • Supervisor / co-supervisor and their department(s)
    • O'Byrne, Shannon (Law)
  • Examining committee members and their departments
    • Yahya, Moin (Law)
    • Scholnick, Barry (Business)
    • O'Byrne, Shannon (Law)