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Eden Developments Vancouver Condo Development Sophia Hits a Wall

Or rather, it stops hitting walls. CBC reported the other day that Bill Eden's Eden Developments had stopped construction of its only active development, the Sophia. In a situation eerily similar to the Riverbend development that cancelled the contracts of pre-sale buyers earlier this year The Sophia, located in Mount Pleasant, was nearing completion and now it looks like pre-sale buyers who bought 2-3 years ago may be forced to buy back in at today's prices if they wish to keep their units, and if they can afford too.

I have a thank a few people for the heads-up on this one. Firstly a commenter, the mysterious mr. x,  from my Active Rain blog post about the cancelling of Eden Developments other projects, the Elyse and Montgomery Estates, mentioned this on the 21st and yesterday I first found news of the CBC story (which I can't find on their site, but here is a link to the canada.com story) about this on Yatter Matters. Thanks guys, and good luck to you Sophia pre-sale, and especially assignment, buyers. 

UPDATE (March 13, 2008): According to the CBC Sophia pre-sale buyers, and assignment buyers I presume, now know how much more they are going to have to pay for their units. According to the CBC story:

According to the report by the receiver, The Bowra Group, which was filed in the B.C. Supreme Court on March 11, it will cost $9.2 million to complete construction, if and when work on the building resumes.

In order to fund the construction process, it is suggested in the report that the pre-sale price paid by condominium purchasers, from January 2005 to November 2006, be increased to 90 per cent of the current market value of the building units.

Due to soaring real estate prices, the buyers will have to come up with an average of $84,600 more than they originally paid to keep their homes, the report recommends.

Matthew Collinge: Vancouver REALTOR® with Royal LePage Westside

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Comments

Larry Yatkowsky said:

Matthew,

thanks for the hat tip.  

On the RE side I can't believe this is happening to these buyers.  First they run the guantlet of getting in and then they get slammed by someone who isn't responsible enough to negotiate fixed costs for materials and labour.  You would think they new something about contracts.

# February 24, 2008 10:59 PM

Matt Collinge said:

Larry, You are most welcome. That's a good looking blog you've got there.

It certainly is tough for these buyers. The Elyse and Montgomery Estates were bad enough, but at least they had not been sold 3 years ago. One fellow who commented on my active rain post about Elyse and Montgomery Estates actaully took his deposit money and bought a Sophia assignment!

# February 25, 2008 10:40 AM

Donna Kozely said:

Anyone who has bought into the Sophia, like we have and would like to communicate about the situation, please email me at dkozely@hotmail.com. I believe it is important to share information amongst those of us who want to.

Reporters, don't bother to try and reach me. Proof that you are a buyer will be required before any discussions.

I will also let the realtors for the project know that we wish to be in touch with others.

It is clear that the government needs to step in and regulate this whole pre-buying process as it has become a gambling game. The banks and lending institutions also play a large part in this. The city of Vancouver and their policies, when civic workers are on strike need to take responsibility as well. The lengthy strike this past summer didn't help a company who obviously went out on a limb with too many projects.

For those who think we didn't do our homework, we did. A previous project in Burnaby by Eden group was completed, as well as in Calgary.  When purchasing Sophia, Ellyse project was not on the radar. Temptation to build more was irresistable, which unregulated, resulted in this fiasco.

When individuals buy too much, they take personal risk. In business, it goes beyond and affects multiple consumers; regulation is the only way to have some protection. Hope Mr. Campbell is listening.

Hopefully the judge, will rule in the consumers favour and minimize losses as much as possible. This has been heart breaking to say the least.

# February 26, 2008 12:39 AM

Larry Yatkowsky said:

re your commentor

Chinese Proverb:

Fool me once shame on you,

Fool me twice shame on me.

# February 26, 2008 12:40 AM

Larry Yatkowsky said:

Donna,

I'm certain Matthew will add to this.

At this point it is supposition but, don't be disappointed if you run into a just sold sign when you seek names of other buyers from the marketing Realtors.  As this seems to be going to court they may have already been advised by council not to discuss the issue or provide such information.  Additionally, they may be precluded from divulging this information as they are governed by confidentiality rules associated with agency under the RE Act.

For what it's worth, no one in this unfortunate situation wins.

# February 26, 2008 12:55 AM

Matt Collinge said:

Larry and Donna, You caught me sleeping there, literally!

Donna ~ I am glad to help you get the word out. You might want to post on the discovervancouver forums, and other vancouver real estate blogs, or even start your own free blog on www.blogger.com.

Regulation does seem to be quite the subject of discussion this time around. My friend AgentWill wrote about insuring projects to be delivered "on time and as promised" ( http://agentwill.com/buying/pre-sale-risk-and-a-not-so-modest-proposal/ ) . He also mentions that a private members bill may be brought forward in the legislature.

No option like this is perfect and all will be fought by the developers. Any kind of regulation would also add to the already high costs, but of course protection has some value.

Right now I would only buy from the really big developers and have the contracts read, and amended, by your lawyers if necessary.

I wish you the best of luck in this and if I can help in anyway feel free to contact me.

Larry ~ You said "into a just sold sign when you seek names of other buyers from the marketing Realtors" I don't get it???

# February 26, 2008 9:54 AM

Tim Ayres said:

Hi Matt,

What's your take on all this condo construction trouble?

http://www.cbc.ca/canada/british-columbia/story/2008/02/27/bc-condosintrouble.html?ref=rss

Is the market slowing in Vancouver, or are most of these units still selling, but the developers are either mismanaging or becoming victims of rising construction and labour costs?

There was one project that was planned for Victoria that the developer pulled out of, but before it even broke ground I believe. A couple of years ago a developer folded on a Cook St. construction project, but I believe that had to do with cost overruns and mismanagement, as the condo market has taken off in the last couple of years.

Would like to hear your comments.

# February 28, 2008 7:37 AM

mr. x said:

The closing date for the sale of the Elyse project from William Eden to Onni is very soon. What he'll do with this 14M remains a mystery......

# February 28, 2008 4:50 PM

Matt Collinge said:

Tim - The market in Vancouver itself is still very active and we are seeing our share of multiple offers and selling above list price.

The Vancouver development problems are with smaller, less expierenced developers who don't have the cash on hand nor the reptuation to secure additional financing to finish these projects. Construction costs have just overrun the profits.

Lots of developments still selling successfully, but not selling out as quickly as they had been a year or 2 ago.

Mr X - Very interesting. Onni was acknowledging at the BC Real Estate Convention that they have bought the Elyse site as you've mentionned. Is this a secret, or just not good "news". Funny that the media hasn't mentionned it yet.

Maybe Bill will take a long vacation in the Caymans...

# February 29, 2008 2:08 PM

Donna said:

A follow-up thought. In reflecting on Mr. Eden's comments to media, on Feb 29th, 2008, re:everyone has made $100,000-$200,000 on the Sophia Development is disappointing to say the least. That may be partly true for some assignment sellers, of which there are a few.

However, lets not forget costs like, GST, PTT, realtor's fee's, and capital gains taxes,and now potentially a price increase. It's not fair or professional to make those kinds of statements.

Secondly, anyone with a Sophia contract now has no investment return of any kind. That remains to be seen, and certainly may be different than what is tactlessly being discussed.

Mr. Eden, may have forgotten, that at the beginning of this project, he needed a percentage of consumers to buy into his project, before he could get financing approved to proceed with it. He is biting the hand that fed him.

If your livelihood depends on people having faith in your actions and they show you faith, then respect them when the faith is shaken. Be generous, not jealous, or go see a career counsellor, because your intent is misguided. Life isn't all about money. There must be some joy or satisfaction in working for yourself, and seeing a project come to life.

# March 2, 2008 7:48 PM

Matt Collinge said:

Donna - His comments struck me as in poor taste as well, especially given the stress and uncertainty Sophia buyers are now under.

So many Vancouver homebuyers put all they have (and some they don't) into buying a home so ANY unexpected cost is very stressful.

It is a very difficult environment for developers at the moment, but they need to be very diligent in forecasting costs (the increases are pretty well tracked).

Good luck and thanks for your comments.

# March 3, 2008 2:48 PM

Donna said:

Mathew- Thanks for responding. I appreciate developers positions as well, and there are multiple stakeholders in projects.

I think this is a time for all levels to assist in sharing the burden of cost, from city hall-permits dept, GST collectors, realtors, other tax dept's, developers, receivership/banks, legal council etc.

When so many benefit from profitable entities, it only makes sense that some discounts apply for buyers, when an economy spins further out of control and contributes to this kind of situation.

I think some new tax relief laws/exemptions need to be introduced, and some good will.

Thanks for paying attention.

# March 3, 2008 11:16 PM

Matt Collinge said:

Donna - The two things the government could do easily is dump the PTT/PPT (Property Transfer Tax) and the GST on new construction homes. Both these taxes are unnecessarily onerous to the consumer.

The BC Real Asscociation is always campaigning for the removal (or at least reduction) of the PTT. The Gov't of BC make over a billion $ on it last year and it all just goes into the general coffers. What services to they provide to homebuyers with this revenue?

Developers pay GST on the all the materials that they use to build a new development and then buyers have to the pay GST on all these materials again once they've been used to the build the place. Sure it is reduced on less expensive units, but it still seems like they are double dipping so to speak.

# March 4, 2008 3:04 PM

Donna said:

Mathew-It clearly is double dipping.

As for PTT if they won't cancel it, then it would make sense to put that money into a fund for consumers to apply for when leaky condo's and now pre-sale condo's fail, or to provide housing for lower socioeconomic groups, especially homeless and single mothers. The fund could pay for things like, legal advice, provide low interest loans, the possibilities are endless.

The real estate consumer is paying that tax, therefore it should be available in return in some form, when disaster strikes.

It would have to be carefully managed, with equitable access.

# March 4, 2008 8:44 PM

Matt Collinge said:

Thats a great idea Donna. It would be nice for them to use it in some way related to housing and real estate and that seems like a good option.

# March 5, 2008 10:07 AM

Rob said:

It's truly awful what has occured given the opportunity cost for residential investment, however the fact of the matter stands,there is an inherint risk associated with a pre-sale and in this particular case, the risk overcame the reward.  On a side note, those resale units sold +/- $75 per square foot below market on average for concrete given the product type and Main Street location...I konw, I was 7 days away from completing on purchasing an assignment in the Sophia when bankrupcy was filed.

Interested in mitigating your loss and selling me a unit in the Sophia at original contract price + expected additional fees from the receiver, drop me a line.  rob_t27@hotmail.com

Rob

# March 18, 2008 12:11 PM

Matt Collinge said:

Rob, Thanks for stopping by the 604homesblog. Glad that worked out withthe timing on your almost-assignment at the Sophia. No know what would have happend to the "lift" funds. Have you heard what has happened to other assignment buyers?

# March 18, 2008 1:22 PM

Rob said:

Mathew: No I am currently unaware.  As previously eluded, unless funds were placed into a trust account, which has been a rare situation in the Vancouver assignment market, it is my understanding assignors foot the bill (ie. the purchaser of the assignment).

On a side note:  The Eden groups previous Mount Pleasant Condo project called the Elyse which recinded on all purchasers contracts at roughly the same time the project broke ground and well before bankrupcy was required has recently come onto the market and has resold to another developer.  Bill Eden and his investors walk away with a significant lift in property value and should come out of the situation extremely well.  If I was a purchaser in the Sophia, I would strongly question Bill Eden's equity position into the project.  Same thing happended with Chandler Development (H & H, Richmond Project) where by the developer leveraged far higher than he should have and thus was exposed to far greater risk and ridiculous interest rates for second and third mortgages.  What's this all mean?  I doublt Bill Eden had very much of his own equity in the Sophia project, but relied almost solely on borrowed funds above what is the norm in the development world.  If I was a purchaser, I would think twice about this being an "unforseeable" occurance given the abnormal financial leverage in place.

cheers.

# March 18, 2008 10:10 PM

bill said:

GST double dipping, the developers deduct the gst they paid from the gst they collect and pay the difference, so where is the double dipping?

# March 20, 2008 12:07 PM

Matt Collinge said:

Bill - Thanks for your comment. Alright you got me. That was not the most well thought out, err, comment. I'll have to figure out another way to save consumers some money on their newly built homes.

# March 22, 2008 9:57 AM
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