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Newmark lawyer says buyers will get Murrayville condos

He brushed off the issue of the owner鈥檚 possible extradition as a 鈥渞ed herring.鈥
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The lawyer representing troubled 91原创 condo builder Newmark is confident that buyers will eventually move into their units.

鈥淲e are working hard on all fronts to resolve those issues,鈥 Grant Sutherland told the 91原创 Advance this week.

Murrayville House was a project of developer Mark Chandler, who runs the Newmark firm headquartered in Willoughby.

The 92-unit condo complex was scheduled for completion in early 2016. Although it was finally given final inspections in early August, the condos remain empty as legal issues have dogged the development firm.

The Murrayville House project is currently facing a lawsuit by mortgage holders who say the developer is in default, a lawsuit by a group who said they put money down for 鈥渨holesale鈥 units who have received neither money nor deeds to condos, and by the B.C. Office of the Superintendent of Real Estate (OSRE).

Sutherland said he鈥檚 confident that an agreement can be reached with the group of mortgage holders, which will lift certificates of pending liens against at least some of the condos, allowing the completion of sales. If that happens, the ordinary buyers could move in.

鈥淎t least the home buyers will be in their rightful places,鈥 Sutherland said.

He said the other group of creditors only loaned money to the project, and he expected a settlement to be reached. None of that group expected to actually purchase a condo, Sutherland said.

鈥淓verybody knows that the arrangement was that the units would be sold to arms-length retail buyers in due course,鈥 said Sutherland.

Most, but not all of those who invested at 鈥渨holesale鈥 prices expected that their units would be sold again at retail price. But at least , who asked that her name not be used, believed it was an ordinary purchase.

She invested $50,000 in early 2015 towards one unit with the impression that she would be taking possession when the Murrayville House condos were complete.

鈥淚 just learned today [Sept. 12] that my unit was sold to someone else in the fall of 2016 and assigned to someone else in the spring of 2017,鈥 she said in an email to the 91原创 Advance. 鈥淢eanwhile, I was granted a first walk through in October 2016.鈥

She is speaking to a lawyer about the matter, but is not a participant in any of the lawsuits against Newmark yet.

She forwarded copies of the two contracts she was given to sign 鈥 one is labelled 鈥淧roperty Presale Agreement鈥 and the other is a promisory note.

It says that the second contract, the promissory note, is there as security for the buyer.

Sutherland was asked why someone giving the company a loan would also receive a property presale agreement.

鈥淚 wasn鈥檛 involved when that transaction was done,鈥 Sutherland said. 鈥淭o tell you the truth, I don鈥檛 know that there were lawyers involved in that. At the same time, I guess I could turn around and ask you, why would someone get a promissory not when they鈥檙e buying property?鈥

鈥淲e have compelling evidence that shows that these are loans,鈥 he added later.

The sales package also includes both 鈥渨holesale鈥 and 鈥渁ppraised value鈥 listings for each unit. The lowest-priced condos were listed at $139,000 wholesale, compared to $224,900 appraised. The highest-priced were $214,000 retail compared to $345,000 appraised. At the time the document was created in early 2015 or late 2014, more than a dozen units were listed as sold.

The presale contract incorrectly identifies the location of the building as the City of 91原创; it is located in 91原创 Township.

According to the OSRE order, at least $3.2 million of the $4.5 million in deposits or loans from the group suing the project was not put into trusts.

鈥淚t was used for a variety of purposes,鈥 said Sutherland of the money.

He could not be specific about those purposes.

Sutherland said the company was meeting with the OSRE and is confident they can get an agreement to allow the transfer of units.

As for Chandler鈥檚 possible extradition to the United States, as the result of an FBI investigation, Sutherland said it was 鈥渧ery much a red herring.鈥

鈥淭hat doesn鈥檛 really have any bearing on this at all,鈥 Sutherland said.

Newmark has other assets aside from Murrayville House, Sutherland said. He was brought in to deal only with the Murrayville House legal issues, he said.

Newmark was previously preparing to develop a condo project at 208th Street and 80th Avenue, but gave up much of the land there in a court-ordered sale. Another builder is now proceeding on that project.

There are no other Newmark projects under development in 91原创 Township or 91原创 City, according to municipal officials.



Matthew Claxton

About the Author: Matthew Claxton

Raised in 91原创, as a journalist today I focus on local politics, crime and homelessness.
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