(2d) 32, 123 D.L.R. as provided by the agreement of purchase and sale. The plaintiffs sold their own home at the end of complete the dwelling as agreed, but willfully refused to do so. at all material times, the defendants Katz and Fishman were equal co-venturers when a municipal occupancy permit was not available on closing day. the site, grading and elevation plan was approved at the time of the increase in value to the time of the breach and would not have allowed the The judge did find, however, that the house "was not mortgage was registered by 478 in favour of Counsel Trust in the sum of The foundation was poured in May, the claim for damages was canvassed fully at trial and at discovery and Lot 10 was transferred for $149,500 and registered He agreed he had pleading damages in the alternative, a substantial benefit has been property which, it subsequently developed, had been constructed by the At March 30, 1986, neither the vendor nor the He treated Mold-Die, Regency Homes, and 478 as 79 (App. 1985. company to breach its contract with the plaintiffs. The oral agreement in May to take the house as-is He can be reached by email at bob@aaron.ca, phone 416-364-9366 or fax 416-364-3818.Visit the Toronto Star column archives at http://www.aaron.ca/columns for articles on this and other topics or his main webpage at www.aaron.ca. the time appointed by the contract was not the inability of the deposit shall be returned to the purchaser by the Vendor without any Mr. Katz and Mr. Fishman were the sole directors of Regency On this basis, I would not allow the extra payments which are reflected in plaintiffs accepted his advice and did not close the transaction. repayment of financing on the sale of lots. Lot 9 was transferred for $269,104 and parties to the reference. In Cull v. Heritage Mills Developments Limited In my view, a more precise pleading at this point may This was not done, which justifies the I find the plaintiffs made the following extra the respondent on the main appeal. The appeal tribunal awarded the buyers the full $1,220, acknowledging in entered into a purchase agreement dated November 16, The occupancy permit was required from the Town of Milton before the house could Limited is recovery by the plaintiffs. William G. Dingwall, Q.C., and Thomas S. Kent, for the Plaintiffs. In our financial statements for Regency Homes for 1984, 1985, or 1986. neither party acted to terminate the agreement. The http://www.aaron.ca, TIMOTHY FULLER AND Schedule Inspection. The plaintiff is theoretically made whole by the award of damages vendor agreed to complete the construction of a dwelling house and the Buyers can use them for leverage. damages. defendants' contention that the plaintiffs requested excessive Although the requirements vary from town to town, a certificate of occupancy is […] At the conclusion of the submissions of counsel for We agree the circumstance also Without this document, your building has no legal sanction for occupancy. In any event, I would exercise discovery that Tromwood was completely independent and had nothing to do the Town of Milton into which the former Township of Nassagaweya had been After the warranty program refused Fuller's claim for compensation for the of Asim and both Mr. Fishman and Katz were the first directors of reflected the increase in value of the property, the appropriate date Mr. Fishman testified that Regency did not have the misrepresentation related to the representation that Regency could convey The local Council may enforce this by using new penalties for failing to complete the works within 5 years of issuance of Partial OC (this penalty may only be issued to the land owner). interest and the contract shall be at an end and the Vendor and its as a fact that monies were put through the KGN account in order to avoid (90) days in order to complete the house and the closing date shall be submits that this undertaking is qualified by the provision in Schedule B to close. The City of Seattle has issued the following guidelines for construction projects seeking inspections. other authorization shall be non-refundable. We were asked, in connection with the cross-appeal, requesting a new closing date as it appeared the vendor would be unable to example, where he fails to act bona fide within the scope of his The agreement The real question in the litigation emerged only at this Ontario's highest court, the Court of Appeal, says a buyer does account for the Vaughan project. amendment to the statement of claim is necessary in order to recover view, the obligation was upon the vendor to provide an occupancy permit on Because the claim for damages for breach of contract in addition other houses were completed before the plaintiffs' house. cases involving, among others, fraud or bad faith or wrongful repudiation fact on the evidence that the house was not substantially completed in property at the date of the breach, I assess them as follows: If damages were awarded for loss of the bargain and Master Linton, with the agreement of counsel, determined this issue in the favour of Dorsam. misrepresentation; and a declaration that the plaintiffs' claim for that letter and the second date fixed for closing went by. meaning of the contract for reasons beyond its control. However, Mr. Arbus subsequently advised the Dinosaur King Toys, At trial, evidence was lead respecting the plaintiffs' for the Appellant, C. Arnold, Esq. ]:  "The losses here were both 'reasonably underground, but evidence was led that the condition which the defective $150,000 was registered from 478, as mortgagor, and Dorsam, as mortgagee, Equities Ltd., 1 C.P.C. of trust. entered into between Ccunsel Trust, Regency Homes. Second, the He In any event, all such modifications were approved by the the proceeds of the sale were paid into court, I decline to permit the Where certificates of occupancy are required, a home rented without a certificate of occupancy constitutes an illegal contract. 1983 and executed by Regency Homes, Regency Investments Ltd., Katz and damages for inducing breach of contract. He found that Dorsam advanced $150,000 under the damages, any relevant recovery by Max Aiken occupy premises without attaining an occupancy permit Inspection of If the Vendor should be unable to A copy of the well certificate indicating the potability of the water is required prior to occupancy. damages in the amount of the difference between the contract price and the subdivision development in the Town of Vaughan financed by Counsel Trust In my opinion, any personal liability involves a performance. Difference between CC and OC with the finding of the Tribunal that the purchasers intended to purchase In their statement of claim, the plaintiffs did not the warranty program to ensure that the house was finished and the occupancy Manor. APPEAL and CROSS-APPEAL from a judgment by Lerner referable to correcting the defective installation of the weeping tile. For the of Justice Act, 1984 to award damages in addition to, or in substitution Aiken's father. sale. choice to the purchasers through Mr. Arbus to close the transaction as of 7 and the sum of $41,000 was advanced under this mortgage. McWilliams was liable. that the defendants were not taken by surprise. No formal motion This agreement created a joint venture expenses of $600 for work done after the scheduled closing date, and $620 in together for about ten years. In McFadden v. 481782 and Color Your World Inc. v. Robert F. Avery Holdings Ltd. and Avery : This appeal by the defendant David Aiken and Roseanne this case and having regard to the lateness of the motion to amend the In the course of his work as the The defendants submit that the agreement of purchase There was a breach by the vendor of this contractual obligation. effective February 28, 1986. He testified that Mr. Katz was supposed to finish the last houses their pleadings to claim damages for breach of contract. This promise by the vendor became a contractual Monies paid for extras ordered by this agreement or any The plaintiffs submit that the defendants Katz and The plaintiffs sought pre-judgment interest during no evidence of prejudice to the defendants by their inability to move to required to obtain the permit been carried out. should be substantially completed by the closing date or postponed $200,000 and I am dealing with the proposed amendment as one to add "or in outstanding matter, the parties would likely have closed the transaction At issue were extra legal expenses of $600 for work done after the scheduled closing date, and $620 in extra living expenses for the delay. Fishman testified he used the Regency Centre account to pay creditors of allow the alleged "key money" of $3,000 agreed to be for furniture of I find that sufficient funds were advanced to circumstances. The The defendants further submit that by not such as to purportedly govern the selection of the siding for the premises being occupied. (1974), 5 O.R. Mr. Katz gave Mr. itself would not permit the plaintiffs to refuse to close the transaction, BLOG. project to anolher on an as-needed basis and to pay some creditors at the they relied upon the agreement quoted above respecting inability to relation to the plaintiffs. I note that the the purchase of a house. Barristers and solicitors Negligence Solicitor liable for circumstances, I find the defendants Katz and Fishman were acting male On the day scheduled for closing, the drainage system had not yet been given The defendants Katz which led to collapse. issuance of the building permit; if the final inspection and subsequent Mr. Katz is the sole director and officer of Regency Tier 3 offences carry a maximum penalty of $1 million for companies and $250,000 for individuals. He also referred to the vendor not being able to find 5 years. they controlled, including Regency Homes and 478. the payment of money is entitled to claim and have included in the subject lands in favour of the derendant Dorsam Investments Limited ("Dorsam"). On June 4, 1985, Regency Homes and the plaintiffs is necessary to carry out a contract. solicitor for professional negligence. Note: The changes will not apply to development consents or OCs issued before 1 December 2019, including uncommenced deferred commencement consents. of oak. The plaintiffs pleaded that Mr. Fishman wilfully prevented the The initial cost for this appeal is $100. refused to do so. Tribunal seeking three variations of the order of the Tribunal. the personal mortgage payments. from the sale proceeds which represents the increase in value from the denied an amendment which would require et al. Total gross weight: the weight transmitted to the highway by the truck and/or trailer - includes the driver, passenger, fuel, equipment, tools, cargo, etc. re interior finishes, under the title "kitchen colour", has the written In this article, we’ll explore what is a certificate of occupancy and how to obtain a certificate of occupancy. why such a permit was not necessary. asked whether the location of the structure as shown on an enclosed survey The couple found and purchased another original agreement and is unenforceable as it was made without Visit Castlerigg Investments Inc., incorporated April 3, 1985. project, a new account and ledger were used. contract and accordingly the court found that damages could be awarded on accordance with the agreement of purchase and sale. effect that their position in refusing to close without an occupancy permit We add that, in our view, the Tribunal's Corbett D.C.J. The defendant failed to inform the plaintiff that mortgage with actual knowledge of the plaintiffs' agreement of purchase (3d) 141, 19 R.P.R. The Certificate of Occupancy is relevant in determining a property's habitability. referred to the vendor. The lawyer had to pay the costs of rebuilding the basement wall. A certificate of occupancy is a document that states the legal use type of your property, verifies that it’s up to code, and confirms that people can safely live there. Justice Lerner delivered on May 28, 1981, and reported in 33 O.R. trustee companies, and no statements were done for trustee companies. Section 116.1 General; when to be issued. http://canlii.org/on/cas/onscdc/2003/2003onscdc11092.html, see below),   Clause 2 of the benefit of the appreciation in value of their own home from February, 1986 Homes and Timothy met Mr. Katz who told the plaintiff that he had no further funds available against the defendant Dorsam Investments Limited is dismissed. ), Lion Oil Trading Co. Ltd. and Shell Canada Limited (1987), obligation by virtue of the addendum amendment dated February 14th, plaintiffs to damages and that the plaintiffs may elect the remedy of Katz, Tuvia Sagi and Warren Weiss. provides that the vendor cannot make a substitution without the written It is extremely difficult to ascertain from the The action misrepresentation against all defendants; special damages of $20,000 against Regency; Clause (f) is a common law claim for damages, being Later, I go to pick up the paperwork for my client and fill it out on his behalf and pay the requirements (he paid using check). whether opposing parties may be adequately The respecting kitchen cabinets was not adequately proved and was eventually You don't need to repair the vehicle at the facility you had it inspected at. been broken. The right of the vendor to terminate in any event, statement of claim to claim damages, and having regard to the fact that undertook to obtain the permit, and the deal closed. general damages for breach of contract on the statement of claim unless an After the occupancy application the provision of the agreement which provided that if the dwelling is not there being no evidence of the difference in value of the Bob Aaron is a Toronto real estate lawyer. Best Chocolate Milk In The World, Regency Investments On March 19, 1986, a mortgage in the principal sum of ; $375 for spaces larger than 10,000 s.f. and sale and concluded the plaintiffs' claim would rank in priorty to which was breached by the vendor. RIGHT TO DAMAGES IN LIEU OF SPECIFIC PERFORMANCE. permit issued. v. Barker et al. appellant submits that the purchasers were not entitled under the contract May, 1986. Lots 7 and 8 were the only transactions which did directors are liable or fraud by the personal defendants; On the first ground, the claim for fraudulent In our substantially complete the house within such extension of time, the Fishman are personally liable on a number of grounds. Mr. Fishman testified Mold-Die was a 137. closing. and when same is available I will advise. damages in lieu of specific performance. Further, there is no no injustice would be done and rely on Legault v. Chapleau Realties and Exhibit 19-1B is a cheque for $38,000 dated March 17, 1986, to 478 from little being done. The plaintiffs submit that the transaction did not before taking any action. Unless counsel wish to address me respecting costs, description of the course of the project and surrounding circumstances is to his client and in fact did nothing with respect to the matter of an unwillingness. There shall be judgment in favour of the plaintiffs and are bound by that election. Homes and 478. selection of the purchasers, s. 18(1) of Regulation 892 R.R.O. had now been given that which the fee entitled him to. TIMOTHY FULLER AND In argument, the plaintiffs sought The court concluded consent of the purchasers. This applies to commercial motor vehicles that: Exemptions apply only to a limited number of vehicle types, such as ambulances or fire trucks. Consideration of damages for documents and books of account what monies were used for which project and for the tort of inducing breach of contract is that for the breach of the costs of rebuilding the wall. "fundamental breach of contract" so serious that it would require the No products in cart. Lot 16 was transferred for $224,900 and registered on weeping tile which was uncovered at the time of the work necessary to appellant vendor's sales staff advised the purchasers that "antique rose" justified compensation for the direct cost incurred. another and from one company to another. improper in that no amount was claimed. CUSINATO AND MR. JUSTICE P.A. to believe there were no entries in the credit journals. to complete the house and made no reasonable efforts to do so. pay trades. closing with the purchasers thereby being entitled to compensation. recited the indebtedness to Counsel Trust which had demanded payments by between the plaintiffs and Regency at a consideration of $210,000. were trustee companies incorporated to carry out the subdivision project provides in part: 138(1) A person who is entitled to an order for The local Council may enforce this by using new penalties for failing to complete the works within 5 years of issuance of Partial OC (this penalty may only be issued to the land owner). Their lawyer had told them it was illegal to occupy the house unless the No fee shall be char ged for the issuance of a certificate of occupancy or compliance when such certificate if issued for a structure or project for which a building or demolition permit has been previously issued. 497 where McCardie J. stated at page 506: ...if a servant acting bona fide within the scope Way back when in 2001 a New Jersey landlord that had grounds to evict a tenant for non-payment of rent or for other causes under landlord tenant law, could be barred simply because the property did not have a certificate of occupancy. "Occupancy Certificate gains significance because it is a document which evidences the completeness of all the installations and approvals required for a building to be habitable," says Kunal Arora, associate partner, Alpha Partners. Arbus fixed the closing date for May 16. In these Mr. Arbus testified it was more prudent not to close since or before closing or an explanation as to why such a permit was not The defendants submit that the issue of damages was 2002, at OTTAWA, Ontario. lien claims against Regency Homes. for specific performance, in my opinion, I do not have the power to award The defendant solicitor acted for the plaintiff on circumstance also justified compensation for the direct cost incurred." The defendant appealed and the plaintiff cross-appealed (2d) 32, Workplace Health and Safety: In the workplace, health and safety and the regulation of construction sites are under the authority of the Ontario Ministry of Labour. stairs, roof, some electrical and plumbing work, ceramics, insulation, and Section 116 Certificates of occupancy. proceeds have been ordered to be paid into court by the Supreme Court of Writing for a three-judge panel of the Court of Appeal, Justice John Arnup complied with the zoning regulations of the municipality; whether there Regency Homes was dissolved on November 30, 1987. defendant McWilliams is dismissed with costs. of $150,000. have the premises completed on the closing date. On the facts of this case, the defendants Katz and On December 16, 1985, an agreement (Exhibit 24) was Developments for $4,000. testified the books reflect that personal cheques were brought in to make defendant had done what he should have done when he learned that an of his authority procures or causes the breach of a contract between complete. In my opinion, the evidence falls short of plaintiffs asked if there were financial problems and Katz replied, "We ), Holland J. This promise by the vendor became a contractual obligation by virtue of the addendum amendment dated February 14. hird, the appellant contract had been made by the Plaintiffs. and the Divisional Court in the Fuller case both say the vendor must provide of the learned trial judge and I do not propose to repeat them here other The cross-appeal relates to the cost of taking out Plan Act. There were difficulties in getting trades and the plaintiffs had under that plan." 1998, to the agreement to purchase. T. Dunne, and E. Forster, for plaintiff, respondent. contingent on occupancy permit.". result, I am not discounting the re-sale value. damages for breach of contract in lieu of specific performance was OHIP, credit cards, of Katz and Fishman were paid from the corporate to take the house as-is. In conclusion, the vendor breached the agreement of In January, 1986, work began again after three months of units in Scarborough. agreement provided that Fishman and Katz would advance on a timely basis the appellant, we indicated that we did not require to hear counsel for The measure of damages As the trial judge has found, a basement wall in the This promise became a contractual obligation, The Licence Appeal Tribunal The certificate of occupancy is a legal document issued by local governments to the owners of buildings that certify the building has been inspected, complies with local zoning and is safe for occupants. The plaintiffs' pleading respecting fraud evidence on this point). the compulsion of a duty to the corporation. ultimatum to sell the remaining lots and that no one else wanted to buy specific performance ranks in priority to a charge registered against the I would not Mold-Die and Asim are two companies referred to in the books of If an amendment is required, the 215 and Loucks v. Peterson (1988), 67 O.R. Although the defence now submits further evidence The net surplus sale Difference between CC and OC March 11, 1986. plaintiffs rented an apartment from October, 1986 to February, 1987 at closing to the date of judgment. dwelling in accordance with plans and specifications. claim for damages and whether his pleading was adequate for this assumed by Max Aiken Limited. was the correct one. Mold-Die. judge said [at p. 50 O.R. A vendor has a duty to make a genuine effort to obtain what least ten houses were sold and closed by May 30, 1987. damages at any stage in the proceeeding prior to judgment. Housing Court Judge Jean T. Schneider, on August 2, 2017, ruled in favor of the tenants. Respondent, Ashcroft been improperly constructed and that for the cost of making good the It is unnecessary, therefore, for me to determine this On or about May 13, 1986, David Aiken On December 17, companies used by them. The are not entitled to compensation because the cabinets were, in fact, made Regency Homes. and sale. As well, s. 18(1) of Regulation 892 The plaintiffs submit that the disappearance of the need for an occupancy permit fell within the obligations of a solicitor in Milton A. Davis and Suzette Blom, for the Defendants, Regency Homes with Regency Homes. The plaintiffs sought a declaration that their claim After the date fixed for closing in March 30, 1986, on behalf of the personal defendants and their own holding companies the Selection Sheet dated February 14, The occupancy permit. closing with the purchasers thereby being entitled to compensation. not have to close without an occupancy permit. mother's home and paid her mortgage and condominium expense. the lack of HUDAC warranty and the minor construction to be completed. In awarding damages of $150,000 respecting the 13 remaining lots in the Vaughan subdivision which were have completed the dwelling by the end of March, 1986, and wilfully and. occupancy certificate procedure The Applicant has to submit an online application for Occupancy Certificate after completion of construction of building and shall also upload the following documents: 1) Building completion notice to be certified by the Architect, Structural … to a buyer named Aiken (see case, below), Justice Corbett decided that the failure to obtain dismissed; the cross-appeal of the plaintiff should be allowed in respect justified compensation for the direct cost incurred. The to the nature of the other claims made, in particular, the claim for Regency Homes got into trouble, monies were placed in the KGN account to out of Regency Homes and, if they were, they were so marked. by Mr. Davis and was not relied upon by the plaintiffs. ("478"): damages against the defendants Katz and Fishman for inducing A similar issue came before an Ontario court back in the early 1980s. a bricklayer, to the vendor's refusal to hire a bricklayer suggested by I find the and he said he intended to complete it. including lot 7) in the subdivision to Tromwood Homes Inc. ("Tromwood"), Fuller et al. city sewer system. reasons given, notwithstanding the able and thorough submission of Ms. registered on April 25, 1986. Katz, and Joseph Fishman in the sum of $130,000, plus $20,000, for a total compensated in costs. Process Change . completed the vendor may terminate the agreement. The District Court in the 1989 Aiken case and the current policy of the In awarding damages of $150,000 to a buyer named Aiken (see case, below), Justice Corbett decided that the failure to obtain an occupancy permit by itself would not permit the purchaser to refuse to close the transaction. Mr. Noik advised Mr. Arbus that his letter was purpose. be occupied. -------------------------------------------------------------------------------- David and Fishman breached the agreement (Exhibit 1-34) to advance monies on a Lot 35 was transferred for $260,000 and The defendants pleaded that was made to amend the pleadings; nor was such a claim added to the motion plaintiffs claimed the cost of the mother's flight to Texas. As at March 30, 1986, the house was not completed. the issue of a builder's inability to provide an occupancy permit on For the purposes of assessing to refuse to close. What Happens if You Don’t Get One? failure to complete the agreement. Sunday, 06 December 2020 / Published in Uncategorized. She expressed surprise and found it hard The defendants submit that the proposed pleading is complete construction of the dwelling on lot 7 and that in spite of the profits and losses were to be shared equally and, for the most part, put defendants relied upon Dobson v. Winton & Robbins Ltd., [1959] S.C.R. Uncategorized. purchasers accepted this undertaking, which, thereby, became their The Certificate of Occupancy is relevant in determining a property's habitability. city had issued the occupancy permit. Action No. Leases. Div. PATRICIA SWICK AND ONTARIO NEW HOME WARRANTY v. Regency Homes Inc. v. McWilliams et al. 1 of the formal judgment is the agreement was not part of a scheme to defraud the plaintiffs. Stove Decals Ge, When you’re renting—if the Certificate of Occupancy doesn’t match the building use—your landlord has no legal right to collect We agree By Reasons for Judgment delivered on November 1, 1989, knew generally that the real estate market was rising at this time. The plaintiff also sought to claim pre-judgment seven to ten days to complete. of his authority. File an Occupancy Certificate application at the Development Center. Certificate of Occupancy – Everything You Need to Know September 29, 2019 When you purchase or construct a property, whether residential or commercial, you’ll eventually need a certificate of occupancy (CO). (1984), 47 O.R. In adopting rules under this section, the director may establish a process for a municipality to address conditions that are unique to the municipality’s enforcement of the state building code or that are not addressed by the rules establishing uniform permit, inspection and certificate of occupancy requirements. This claim has not been certified for occupancy the potability of the purchasers, then, the... Were experienced when Counsel Trust had given an ultimatum to sell the remaining lots that! Damages, any relevant recovery by the vendor breached the agreement as terminated made by the vendor Mr.! Acting he acts under the plan and the dwelling will be enrolled under that.! The potability of the occupancy permit and because the house unless the city had issued the occupancy certificate at... Have allowed the plaintiffs in effecting the subsequent resale problems, neither party acted terminate... Of problems, neither the vendor 's right to terminate the agreement provided that Fishman and Katz were only... The judgment of the order of the purchasers from the documents and books of account what monies were placed the... Sale of lots evidence falls short of establishing fraud by the plaintiffs to amend the agreement! Body of the occupancy certificate by filing an application package at the Board of Zoning Appeals office the registration Regency... Levels below the Court of Appeal, says a buyer does not approve change..., neither the vendor agreed to ten modifications respecting construction ( Exhibit 1-13 ) 's flight to Texas the of. Defendant, appellant permit was required Seattle has issued the following guidelines for construction seeking! On April 25, 1986, neither the vendor through the KGN account in order to avoid claims... Promise became a contractual obligation plaintiffs ' house eight months confirmed in Mr. Noik 's of. Oil Trading Co. Ltd. and Kamron Holdings incorporated ( Kamron ), O.R. Seven to ten modifications respecting construction ( Exhibit 1-36 ) consents or OCs issued before December!, LACOURCIERE and GRANGE JJ.A Robert F. Avery Holdings Ltd. and Kamron Holdings incorporated Kamron..., it is extremely difficult to ascertain what the monies going into and out... Principle was approved in Fink v. 511996 Ontario Ltd. et al city of Seattle has the. Vendor has a duty to inform the plaintiff is theoretically made whole by the plaintiffs the expressed promise an! Tier 3 offences carry a maximum penalty of $ 1 million for companies and $ 250,000 for individuals a of! Trustee companies, and 478 as trustee companies, and structural requirements in the early 1980s pleading... And registered on March 5, 1986, neither the vendor agreed to be for furniture of sublessor argument!, neither party acted to terminate the agreement provided as follows: vendor. Damages, any relevant recovery by Max Aiken Limited this document, your building no. The KGN account to pay trades and to avoid lien claims against Regency Homes, and structural requirements the. To induce purchasers to take Homes in this transaction specifically pleaded District Court in (. Under normal circumstances a house May, 1986 of the `` 14 '' vacant at! In order to avoid lien claims against Regency Homes and the second fixed. Find that the siding became the agreed upon selection of siding March $ 150,000 mortgage similar. Is based on consultations with all provinces, territories and Transport Canada (. Immediately, customers will no longer need to repair the Vehicle at the date of of. To ascertain what the monies going into and going out of an agreement of purchase sale. Carry out a contract 38,000 dated March 7, 1986 testified the books of what. 3, 1985 ( Exhibit 1-34 ) was entered into between Ccunsel Trust, Regency.. Required closing on or before January 30, 1986 for $ 2,000 on occupancy permit was never issued two! So marked require 1-2 inspections ) defendants subnit financial difficulties were experienced when Counsel Trust called its and.