Published May 27, 2026, 12:06 a.m.

Burnaby Eclipse Buyers Are Suing to Void Their Pre-Sale Contracts — And the Legal Fight Could Shake Every Lower Mainland Pre-Sale Deal

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Image 4: Dozens of purchasers of pre-sale units at Burnaby's Eclipse tower are goingt o court in a bid to invalidate their contracts. The project was forced into creditor protection in January 2025 amid financial problems. — Dozens of pre-sale purchasers in troubled Lower Mainland condo tower claim contracts invalid

More than three dozen buyers who purchased pre-sale units at Burnaby's Eclipse condo tower have filed applications in B.C. Supreme Court asking a judge to declare their contracts unenforceable. The buyers allege that Thind Properties — the developer behind the 34-storey, 329-unit tower — breached B.C.'s Real Estate Development Marketing Act (REDMA) by failing to disclose material facts about its deteriorating financial position. Among the undisclosed issues cited in court documents: a $12 million judgment obtained by the Canada Revenue Agency against the developer in June 2023, the suspension of new home warranty insurance in October 2024, and the City of Burnaby's suspension of the building permit in November 2024. The 32 units at the centre of the court proceedings carry a combined pre-sale value of more than $26 million.