B.C. Realtor Sues Developer for $800K in Unpaid Commissions Amid Condo Project Receivership

A Surrey-based real estate agent is pursuing legal action against a financially troubled developer, seeking $800,000 in unpaid commissions for condo sales in a Burnaby project now facing receivership.

The lawsuit, filed in B.C. Supreme Court this week, is the latest in a growing list of claims surrounding developments led by Thind Properties, including projects in Burnaby, Surrey, and Richmond.

Realtor Gurmail Singh alleges he was promised a two per cent commission for selling 44 units in Burnaby’s Highline project, a 327-unit highrise. Singh claims the sales were completed in September through his sole efforts but says the promised payment was never delivered.

Litigation Surrounding Thind Developments

The Highline project is one of three large developments by Thind Properties facing court battles over alleged financial mismanagement. Last week, a B.C. judge placed the Surrey-based District Northwest project into receivership, citing an $80-million mortgage default.

Mortgage lender Kingsett Mortgage Corporation is also pushing for receivership of the Burnaby Highline project and Richmond’s Minoru Square, a 400-unit condo development. A decision on those applications is pending.

Court documents reveal the three projects are tied to nearly $330 million in mortgages, with daily interest charges of $42,902 for the Highline project alone.

Disputes Over Pre-Sold Units and Contractor Payments

In an affidavit, Thind Properties’ president, Daljit Thind, stated that 90 per cent of District Northwest’s units were pre-sold, with buyer deposits totaling $78 million held in trust. Thind argued these deposits are secure and noted the units were sold below current market value.

However, a growing number of lawsuits have been filed against the Highline project by contractors and workers alleging unpaid invoices.

• Jab Contracting claims $1.7 million in unpaid fees for steel stud and drywall work.

• A crane operator was awarded $17,071 in October for unpaid services.

• An electrical contractor is suing for nearly $600,000 over materials supplied for the project.

• A fire safety contractor has an outstanding $16,000 claim for the Highline development.

Allegations of Financial Misconduct

Kingsett’s legal filings accuse the Highline developer of misusing $7.5 million in GST collected from unit sales, which should have been remitted to the Canada Revenue Agency. The funds were allegedly redirected to undisclosed internal obligations. The developer has not responded to the allegations.

Economic and Market Challenges

Kingsett’s director of loan and portfolio management, Daniel Pollack, emphasized the urgency of receivership for the projects, citing rising interest rates and market instability that could erode property values.

“There is currently a lot of uncertainty in the economy and particularly in the real estate market,” Pollack wrote in his affidavit.

Thind Properties has not commented on the lawsuits.