Does failure to receive Form 4 constitute a breach of the developer’s agreement with the apartment buyers?

A couple purchased a penthouse apartment from a developer, after the developer entered into a combination agreement with the owners of the land on which the building was built. As part of the developer’s undertaking to carry out development work in the vicinity of the building, he undertook to demolish an old building that was in place, as a condition for receiving Form 4. However, a dispute that arose between the developer and the landowners with whom the combination agreement was signed prevented the demolition of the old building, and as a result it was not possible to complete all the development work for the new building and receive a “Form 4” for it.

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