Monthly Archives: May 2009

Gateway-Midtown Condo Project Restarted

Gateway Midtown

Gateway Midtown

One of the first condo projects to be halted because of the economic downturn has been restarted this week.

“This is symbolic,”Ald. John Mar said of work relaunching. “It was the first site to stop work. It’s the first site to restart.”
Crews are now working on the six-level underground parkade and will eventually build to street level, where a floor of commercial space will be leased out.  Those portions of the project are expected to cost around $50 million. Half the commercial space is already leased to a well-known national chain.
Calgary Herald, May 29 2009

Brian Stoddard, CEO of Pointe of View, the project’s developer  (Pointe of View took over the project in March) goes on to say in the article: “We’re sensing that the market is turning around, so we think the timing is appropriate for us to have a successful project there.”

About Gateway-Midtown

The 650 unit Gateway-Midtown property was originally owned by developer Resiance, but walked away last fall after saying the project was “financially unfeasible.”     Spokesman Shael Gelfand had said that it was “primarily due to rising costs for labour and for materials.   Its just made it too expensive.”  The decision had affected a lot of buyers and investors. More than 500 of the 650 units had been sold. (Source)

However, the excavation for the foundation had already been completed.  Sinkholes began developing in late April and led to a section of 4th Street S. W. being shut down for nearly two weeks.  Concerns for the shoring on the walls of the site arose.

Why has the project restarted?

My initial thought was that  Pointe of View was forced to go forward due to safety concerns.  Piecing together various news tidbits from articles regarding the sinkholes:

  • It’s left the city trying to balance safety concerns with efforts to encourage continued building.  “We’re trying to protect safety and we’re trying to also assist in keeping development going,”Mayor Dave Bronconnier said.
  • City staff are in discussions with the owners of two of the sites about at least bringing the project up to ground level.
  • Holes in the city’s core are of the biggest concern, because of their depth and their proximity to neighbours and infrastructure, including roads, sidewalks, water and sewer pipes. With the rivers flowing nearby there is a different groundwater concern than in other areas, as well.
  • “You can’t leave shoring there like that forever because there’s always a concern that the shoring might fail and the road is going to end up slipping into the site”

But apparently it was not a safety issue.  I was told that it was their decision (PoV) to start going forward, though the city certainly prefers they build for site stability.  Apparently, they’re going to go right to the west tower after the commercial level is done, so it doesn’t appear they’re stopping at just the main level, which was another one of my thoughts.

This is interesting since another condo project, the Skytower, has also been beleagured in construction purgatory, but its developers have  a different viewpoint:

May 9, 2009: Robert Cohen, president of Diamond-Trust Towers Corp., which is building Sky Tower, said there are no plans to resume construction in the near future.

“The economy in Calgary doesn’t justify development right now,” he said from Montreal, adding they plan to leave the site as is. “We’ll make sure it’s nice and safe. We’ll leave it that way for now.”
 

However, with 500+ out of the 650 units of the Gateway-Midtown apparently already being sold, perhaps they have the required capital to continue in light of reduced building costs.

Have You Purchased A Gate-Midtown (now Encore) Unit?

If you had purchased a Gateway-Midtown condo, I’d like for you to share you story – did you get your deposit back when it was halted? Is your deposit still in trust? Have you received any word on the status of your unit?

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Other Sources:

“Work begins again on stalled condo project” – Calgary Herald, May 29, 2009
Contruction craters a headache for City Hall – Calgary Herald, May 9, 2009
Second sinkhole forces Beltline condo evacuation – Calgary Herald, May 5, 2009
Sinkhole forces downtown road closure – Calgary Herald, April 25, 2009

Lawyer’s Corner: Should Sellers Get A Pre-Inspection?

Home InspectionsShould a seller have a home inspection done prior to listing  (usually called a ‘pre-inspection’) to help with the sale of their home?

Lubos K. Pesta, Q.C., has written another informative article,  this time pointing to the benefits and drawbacks to a seller arranging one:

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New Trend: Sellers Arranging Home Inspections

A new trend has arisen in the real estate industry. Sellers’ agents are advising their clients to obtain professional home inspection reports before marketing and selling their homes.

The Seller’s Perspective

Sellers are being advised that this will benefit them in several ways:

  • It will help them identify, early on, any problems that could be deal-breakers and, potentially, allow them to remedy the problems prior to a buyer becoming interested in the property
     
  • It will avoid the uncertainty and delay caused by a home inspection condition by providing a buyer with a pre-existing home inspection report
     
  • It will make their home more attractive to buyers by eliminating the need for the buyer to pay for their own home inspection.

While these are valid points, there are also good arguments against such a practice:

  • The buyer may not have been concerned about the condition of the property at all and the home inspection report may raise issues that will result in the buyer offering less money or,potentially, deciding not to buy the property at all
     
  • So long as sellers are unaware of defects in the property they cannot be expected to disclose these defects, but once a professional home inspection identifies problems, sellers may have a legal obligation to make the buyer aware of them
     
  • If the seller chooses not to disclose the contents of the home inspection report to the buyer, both the seller and the seller’s agent may incur liability risk.

The Bottom Line

 A seller should be fully advised of all the risks and benefits of obtaining a home inspection report at the listing stage in order to make an informed decision before obtaining a professional home inspection report.

The Buyer’s Perspective

Serious problems also exist from the buyer’s point of view.

The primary problem is that, unlike the real property report, which specifies that it is intended to be relied upon, not only by the current owner, but all subsequent purchasers of the property, the home inspection report is only intended to be relied upon by the individual who commissioned it.

If a buyer relies on a pre-existing home inspection report commissioned by the seller and subsequently discovers a problem that should have been identified by the home inspector, the buyer will have no recourse against the home inspector in negligence due to the principle of  “privity of contract”. Since the buyer didn’t pay for the service, the home inspector is not liable to the buyer for any losses caused.

Secondly the motivations of the seller and the buyer are different. While the buyer would want to rely on the most thorough and professional inspection available, the seller may wish to economize on the costs involved. In relying on the seller’s home inspection report, the buyer loses the ability to carefully select the home inspector and have a direct means of communication with him.

Thirdly, unlike the real property report, a home inspection report is only intended to be a snapshot of the condition of the property at a given point in time. The real property report continues to be valid as long as the improvements on the property remain the same (once they comply, then they will always comply or be grandfathered even if the municipal rules subsequently change). However the condition of a property detailed in the home inspection report, can change dramatically in a very short time period. Some examples would include a hail storm damaging the roof, heavy rains resulting in a sewage back up or a furnace or water tank giving out unexpectedly. As a result, a home inspection report can quickly become unreliable.

The Bottom Line

Buyers should be cautioned against relying on a pre-existing home inspection report made available by the seller. A home inspection condition, with a professional inspection conducted on behalf of and paid for by the buyer, is still the best course of action and the best protection available to the buyer.

Lou 

Lubos K. Pesta, Q.C.
Walsh Wilkins Creighton LLP

walshwilkins 
 

 

The comments expressed in this article are for information purposes only and serve to highlight general principles. Each situation is different and you should seek legal counsel before pursuing any particular course of action. These articles do not create a client/lawyer relationship and do not constitute legal advice. The opinions expressed herein are those of the author and not of AREA.

Copyright  Alberta Real Estate Association.  Reprinted with permission. AREA makes no guarantee as to the accuracy or completeness of this information.

House Price Index – for March 2009

Teranet

 

 

Below is the recent  update from the Teranet–National Bank House Price Index™ regarding March 2009 prices (the index runs two months behind):

 
“Canadian home prices in March were down 5.8% from a year earlier, according to the Teranet-National Bank National Composite House Price Index™. It was the fourth consecutive 12-month decline. March was also the seventh straight month in which the composite index was down from the month before – the longest run of monthly declines since the beginning of index coverage in February 2000. The composite is now down 8.5% from its peak of last August.

In Calgary, prices have been correcting for well over a year now – since August 2007 – and are now down 12.7% from the peak of that month. Calgary has shown monthly declines in 16 of the 19 months posted since then, including every month from last July through March.

 All dwellings that have been sold at least twice are considered in the calculation of the index.  This is known as the repeat sales method; a complete description of the method is given at www.housepriceindex.ca .  This is a similar methodology to the US Case-Shiller Index.

Comparing House Price Index to MLS® Prices for March 2009

Calgary average MLS® prices for SFH were down 11.41% year-over-year in March, and down approx 17% from the peak recorded in July 2007.  Median prices for SFH are down about 14.5% from the peak (March 2009 : $375,000  June 2007: $439,000)   So it looks like the House Price Index is tracking closer to the Median MLS® sales price, currently at only about a 2% difference.  (12.7% drop from the HPI peak in Aug 07, compared to a 14.5% drop from an MLS® Median peak in June 2007)

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Calculating Payout Penalties & Interest Differentials

Many closed mortgages include a clause stating that the payout privilege on the mortgage will be a three-month interest penalty, or interest differential, whichever is greater.

For the calculations below, we’ll use the following scenario:

  • $300,000 remaining on the mortgage
  • 3 years into a 5-year fixed term at 5.5%
  • Today’s interest rate: 3.5%

We’ll just be using the simple interest amount – the actual amount of the penalty would be a little less than the amount quoted in the examples.

Three Month Interest Penalty

Interest Penalty

Plugging in the variables above, we would get:

=   $300,000   X   0.055    X   0.25                (5.5% = 0.055,  3/12 = 0.25)

= $4125.00 would be the 3 month interest penalty

But now we have to calculate the interest differential – and that’s where it can get nasty – especially since interest rates have dropped considerably lately.

Interest Differential Penalty

Interest Differential
=$300,000 X 0.02  X 2
(0.02 = 2% which is the difference from 5.5%-3.5%, and 2 years left in term)

=$12,000.00 would be the Interest Differential Penalty

In our example, the bank would then use the Interest Differential Penalty since that amount is the greater of the two. Please speak to your mortgage specialist for your personalized mortgage advice, as payout penalties are dependant on the contract you signed.

Aircraft Noise Exposure in Calgary

If you’ve lived in a certain community or city for a period of time, you might take for granted what newcomers to the area would not necessarily know- and one of those things are flight paths. 

The Calgary International Airport (YYC) reached new heights in 2008, with passenger volume at 12.5 million passengers and 125,000 tonnes of air freight, making YYC the third busiest airport in Canada, after Toronto and Vancouver. With a fourth runway scheduled to begin construction in 2011 and complete in 2014, it’s important to know the paths those planes will take if you’re planning on renting or buying in the area.

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Airport Noise Exposure

The contours that encircle the map (see above) are determined using the Noise Exposure Forecast (NEF) system approved by Transport Canada. This tool scientifically predicts annoyance and noise from aircraft. The contours range in value from relatively low noise (NEF 25) to relatively high noise (NEF 40). 

One way to find out if a property is within a contour is to look it up at the City of Calgary website, under “My Property

Two examples of properties within the contour are below:

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However, I find it best just to speak with neighbours in the area directly. They’re living there and would know best what, if any disturbances there are with aircraft.

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Buying or selling real estate?  Contact Mike Fotiou, First Place Realty at 403-554-2284 or mike@findcalgary.com 
You can also visit my main website at www.FindCalgary.ca for more information.