B.C. doctor forfeited $275k deposit on Trump tower condo after abandoning deal
CBC News
14 September 2017

A West Vancouver woman who changed her mind about buying a $2.7-million Trump tower condo won't be getting her hefty deposit back, despite arguing in the Supreme Court of B.C. that she didn't fully understand all the details of the purchase.

Lydia Chen put $275,290 down for the three-bedroom unit in November 2013. She backed out of the deal more than a week later.

The developer, West Georgia Development Limited Partnership, said she forfeited the deposit in doing so. Chen sued the company for the money in October 2014.

The 64-year-old argued she was entitled to her deposit because the developer hadn't give her a proper opportunity to understand a disclosure agreement she signed when she made her offer.

In July, a B.C. Supreme Court justice ruled that she had, in fact, had enough of a chance.

Offer in an afternoon
Chen, an ophthalmologist who lived in the British Properties, went to a sales presentation for the tower around noon on Nov. 3, 2013. Court documents said the doctor was interested in the Trump tower because of its downtown location and "spectacular" views.

Chen stayed at the sales event for about an hour, going over details with Lily Korstanje, who was leading the event.

After leaving the presentation for lunch, Chen decided to make an offer on an "exclusive" unit. She went to the bank, withdrew the 10 per cent deposit and returned to the sales event before 5 p.m.

Korstanje and Chen went over a disclosure statement and purchase agreement, with the developer highlighting key points as they went.

A disclosure statement has detailed information on everything a seller knows about a property that a prospective buyer would want to know. Strata condo statements can contain information about factors ranging from potential structural issues to parking stalls.

During the meeting, Chen signed a document stating she'd read the disclosure statement and that she would have a week to change her mind. The buyer opted not to call a real estate agent to sit in the meeting.

Court documents said Chen spent less than three hours with the developer before making her deposit and that she ultimately decided not to go ahead with the purchase, because the unit "did not meet her needs."

In her notice of civil claim, Chen admitted she'd had enough time to "read" the disclosure statement but not enough to properly "understand" the document.

Supreme Court Justice Robert Sewell rejected that argument.

Chen also said the statement didn't include all of the facts about the unit, some of which contributed to her change of heart. Sewell didn't accept that reasoning either.

The 63-storey Trump tower has more than 200 units ranging in price from $619,000 to $6.7 million. The condos sold out in May 2016.


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