Developer Mark Howard calls businessman Joe Condon a crybaby after penthouse sale sours

A Gold Coast businessman and an embattled developer are in a war of words after a multimillion-dollar luxury penthouse deal soured and ended up in court.

Elysium at Mermaid Waters.

A GOLD Coast businessman and an embattled developer are in a war of words after a multimillion-dollar penthouse deal soured and ended up in court.

Joe Condon, who ran McDonald’s franchises across the Gold Coast and elsewhere for more than 20 years, said he and wife Lyndel were more than $250,000 out of pocket after she bought the $3.45 million penthouse in Howard Group’s luxurious Elysium development at Mermaid Beach.

The couple claimed developer Mark Howard wrongly attempted to terminate the deal, and took the matter to the Supreme Court.

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Joe Condon and wife Lyndel Condonin finally in their penthouse at Mermaid Beach's Elysium. Picture: Glenn Hampson

“We’re out of pocket about $250,000 because of his shenanigans and he just does not care at all,” Mr Condon said.

“In my opinion he’s just a selfish man.”

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They subsequently dropped the case after Mr Howard went ahead with the penthouse sale, but the developer yesterday called the businessman a “crybaby”, saying he’d acted within his legal rights and had no case to answer.

Mr Howard’s companies are currently battling two other court actions over the development, including a dispute with the project’s builder which has left dozens of subcontractors unpaid for their work.

Elysium Mermaid Beach.

His company Quintero has lodged court action against the Gold Coast City Council, appealing an enforcement notice for the Mermaid Beach development, saying it had not complied with its approved conditions. Both cases are currently before the Supreme Court of Queensland.

Mr Howard said his company’s contracts with Ms Condon were legally terminated.

“Tell Joe Condon to stop being a crybaby, his lawyers got it wrong,” he said.

“I was legally entitled to terminate those contracts.

“I ended up letting Joe buy the penthouse because I decided to do the deal with him.”

Mr Howard said he hoped Mr Condon was enjoying the $16,000 display curtains he’d left in the penthouse.

Joe Condon and wife Lyndel Condon AT their penthouse at Mermaid Beach's Elysium. Picture Glenn Hampson

Mr Condon said his wife had contracted to buy the Elysium penthouse off the plan for $3.45 million in January last year, in a deal which would allow Mr Howard to take ownership of a property she owned at Lakelands golf course.

He said the pair had noticed the contract had a sunset clause entitling either party to terminate the contract if a community management scheme (CMS) had not been registered by June 30 this year.

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Mr Condon said Mr Howard’s lawyer requested a two-week extension for the CMS registration to July 13, which the couple agreed to, but then Mr Howard terminated the contract on July 24.

Mr Condon said he and his wife were lucky to have had experience with contracts but that many property buyers may not be as savvy or aware of how off-the-plan deals could be used against them.

“It’s cost us about $60,000 in legal fees that were just wasted,” he said.

“I think the general public needs to understand that when they’re dealing with an off-the-plan contract, this type of sunset clause exists and is used by developers to their advantage.

“I would love to see the laws changed so no-one else falls into a trap like that. Our lawyers advise that most purchasers do not challenge the sunset clause but they have every right to do so.

“We’ll never get back the legal fees and two years rent or the time and effort in proceeding with the legal battle — but you don’t like to dwell on it.”