A major B.C. court battle highlights the risks buyers can face when a presale project runs into financial and construction trouble.
Buying a presale condo can be exciting. You choose a home before construction is finished, secure a purchase price and, ideally, watch the building take shape over the following months or years.
But there is another side to presale ownership that deserves just as much attention: you are committing to purchase something that does not yet exist in its finished form.
A recent legal battle involving the Eclipse condominium development in Burnaby provides an important real-world example of why buyers need to understand not only the unit they are purchasing, but also the developer, the disclosure documents, the purchase contract and the risks that can arise between signing and completion.
And this case is about much more than whether a condo has increased or decreased in value.
🏗️ What happened at Eclipse?
Eclipse is a 34-storey residential development at 2381 Beta Avenue in Burnaby, developed by companies associated with Thind Properties.
When the project entered creditor protection in January 2025, construction was approximately 95% complete and approximately 232 of the 329 units were subject to presale contracts, according to the court-appointed monitor.
The project had encountered serious difficulties before entering the Companies' Creditors Arrangement Act (CCAA) process.
Among the issues that became part of the broader legal dispute were:
A significant CRA judgment involving the developer
The suspension of new-home warranty coverage
A suspension of the building permit by the City of Burnaby
Construction interruptions
Significant secured debt associated with the project
KingSett Mortgage Corporation, the project's secured lender, said it was owed approximately $189 million under two mortgages when Eclipse entered creditor protection.
The situation was serious enough that the project entered court-supervised restructuring under the federal CCAA.
Importantly, however, the story did not end there.
A court-appointed monitor worked through the restructuring process, construction ultimately resumed, and the project moved toward completion. The monitor's 2026 reporting indicates the project was substantially complete by March 2026, with an occupancy permit issued in April 2026.
⚖️ Why did some buyers go to court?
This is where the story becomes particularly important.
A group of presale purchasers asked the B.C. Supreme Court to declare their purchase contracts unenforceable.
Their argument was not simply that the condos had fallen in value.
The purchasers argued that material information relating to the development and the developer's circumstances had not been properly disclosed under B.C.'s Real Estate Development Marketing Act (REDMA).
Among the issues raised were the developer's financial difficulties, the warranty situation and the building-permit suspension.
That distinction matters.
A falling real-estate market by itself does not mean a purchaser can simply walk away from a presale contract.
The legal question was much more fundamental:
What happens when circumstances surrounding a development materially change, and what disclosure obligations continue to apply to the developer?
That is why this case has attracted attention beyond Eclipse itself.
📚 What is REDMA?
REDMA is B.C. legislation designed to provide protections to consumers purchasing development property.
Under REDMA, developers are required to provide purchasers with a disclosure statement containing information about the development and material facts. The disclosure statement also addresses purchasers' rights and obligations.
This is one reason a presale purchase should never be treated like simply signing an offer on a completed resale property.
A presale disclosure statement can contain information about:
The development and proposed construction
Estimated completion dates
Strata-related information
Parking
Project costs and fees
The purchaser's contractual rights
Circumstances in which a purchaser may have cancellation or rescission rights
BCFSA specifically advises purchasers to read the disclosure statement and any amendments before signing.
🔎 The important point: a presale contract isn't just about the floor plan
When buyers look at a presale, it is natural to focus on:
The price.
The floor plan.
The view.
The amenities.
The estimated completion date.
Those things matter.
But there is another layer of due diligence that can be just as important.
Who is the developer?
A buyer should understand who is actually behind the project and consider the developer's experience and track record.
What does the disclosure statement say?
The disclosure statement is a legal document, not simply a marketing brochure.
What does the purchase contract allow?
Presale contracts can contain provisions dealing with completion dates, extensions, assignments, changes to the project and circumstances surrounding completion.
What happens if the project is delayed?
A delay can affect your housing arrangements, financing, interest rates and personal plans.
What happens if the market changes?
The market value of the finished property may be different from the price you agreed to pay years earlier.
BCFSA specifically identifies market-value changes, delays and even the possibility that a development may not be completed as risks that purchasers should understand.
💰 What about the deposits?
This is another part of the Eclipse situation that deserves attention.
The purchaser applications involved dozens of units with a combined purchase value of tens of millions of dollars. Reporting on the proceedings indicates that approximately $3.6 million in purchaser deposits was involved in the dispute.
The important point is that having a purchase contract declared unenforceable does not automatically mean every issue surrounding the deposits is immediately resolved.
The treatment and recovery of deposits can involve separate legal and insolvency considerations.
That is an important reminder that a presale transaction can become considerably more complicated if the developer encounters financial distress.
🏦 Why does the CCAA matter?
The Eclipse situation also highlights an unusual collision between two areas of law.
On one side is REDMA, which is designed in part to protect purchasers of development property.
On the other is the Companies' Creditors Arrangement Act, or CCAA, which provides a framework for financially distressed companies to restructure under court supervision.
The court-appointed monitor has a responsibility to consider the interests of the restructuring process and creditors.
In the Eclipse case, the monitor argued that allowing purchasers to walk away from their contracts could create significant losses because the presale prices were higher than current market values.
The monitor reported that reselling affected units could require price reductions, incentives and additional time to find buyers.
That creates a genuine tension:
How do you protect purchasers while also preserving the value of a development that is being restructured?
That is one of the reasons the Eclipse case is worth watching.
🚨 Does this mean B.C. presale buyers can now cancel their contracts?
No.
This is perhaps the most important takeaway.
It would be misleading to interpret the Eclipse proceedings as creating a general right for B.C. presale buyers to cancel their contracts whenever a project experiences financial problems or its market value declines.
The legal outcome depends on the specific facts, the applicable legislation, the disclosure documents, the contract and the circumstances surrounding the particular purchaser.
The case should therefore not be interpreted as:
"Buyers can purchase a presale and walk away if the market falls."
That is not the lesson.
The more useful lesson is:
The information surrounding a presale matters, and purchasers need to understand their statutory and contractual rights before signing.
🧾 B.C. has already strengthened presale consumer information
Interestingly, BCFSA has taken steps to make presale risks easier for consumers to understand.
Since April 1, 2025, where the applicable REDMA requirements apply, developers must attach a Summary of Pre-sale Risks and Buyer Rights to the front of the disclosure statement for new filings covered by the policy.
The summary is designed to highlight important issues such as:
Construction delays or failure to complete
Changes to closing dates
Financing and appraisal considerations
Purchaser contractual rights
Other risks associated with buying before construction is complete
BCFSA emphasizes that the summary does not replace reading the complete disclosure statement and purchase agreement.
That is an important distinction.
🏠 What should a buyer do before purchasing a B.C. presale?
A presale can still be a very good option for the right purchaser.
But it should be approached with eyes wide open.
Before signing, consider:
1. Read the entire disclosure statement.
Don't rely solely on the sales presentation or marketing materials.
2. Review all disclosure statement amendments.
Changes can occur as a development progresses.
3. Read the purchase contract carefully.
Understand completion dates, extensions, deposits, assignments and cancellation provisions.
4. Research the developer.
Look at its history, completed projects and reputation.
5. Understand your financing risk.
You may be obtaining financing years after signing the original contract. Interest rates, lending rules and property values can change.
6. Understand the appraisal risk.
The property may appraise for less than your contracted purchase price when it is time to complete.
7. Have the contract reviewed by an appropriate professional.
BCFSA recommends obtaining independent professional advice, including from a lawyer or notary, before entering into a presale contract.
8. Understand that you are buying into a future project—not a finished building.
📌 The bigger lesson from Eclipse
The Eclipse case is fascinating because it demonstrates how many different risks can converge in a single presale project.
A purchaser may start with a straightforward agreement:
Sign contract → pay deposits → wait for construction → obtain mortgage → complete purchase.
But years can pass between those first two steps and the final closing.
During that period, a project can encounter:
Financial problems → construction delays → financing changes → permit issues → warranty issues → insolvency proceedings → changing market conditions.
That is why presale due diligence needs to go beyond choosing the right unit.
🏡 My takeaway for B.C. buyers
I don't believe the lesson from Eclipse is "don't buy presale."
The lesson is:
Know exactly what you are buying—and understand the risks before you sign.
Presales can offer purchasers an opportunity to buy a brand-new home at an agreed price before construction is complete.
But that opportunity comes with uncertainty that doesn't exist to the same degree when purchasing a completed resale property.
The Eclipse situation is a powerful reminder that the developer, the disclosure statement, the contract and the project's financial and construction circumstances can all matter.
And if something significant changes after you sign, don't assume you automatically have—or don't have—the right to cancel.
Get professional advice based on your specific circumstances.
⚖️ A note about this article
The Eclipse proceedings involve complex legal and insolvency issues. This article is intended for general educational purposes and is not legal advice or a substitute for reviewing a specific presale contract or disclosure statement with a qualified professional.
For consumers considering a B.C. presale, BCFSA's Consumer Guide to Pre-sale Real Estate Purchases is an excellent starting point.
Sources & further reading
BC Financial Services Authority (BCFSA) — Consumer Guide to Pre-sale Real Estate Purchases
BC Financial Services Authority (BCFSA) — Consumer Disclosure Pre-sale Summary Form
BC Financial Services Authority (BCFSA) — Presales Information and REDMA guidance
KSV Restructuring Inc. — Court-appointed monitor reports for the Eclipse CCAA proceedings
Supreme Court of British Columbia — Eclipse CCAA court orders and proceedings
Thinking about buying a presale?
If you're considering a presale in the Tri-Cities or elsewhere in B.C., I'd be happy to help you understand the real estate side of the transaction - including the questions you should be asking before you sign.
Tara Kennedy
REALTOR®, ABR, RENE, SRS
📞 236-992-8989
🌐 www.tarakennedy.ca
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