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Thread: Buying a new construction condominium

  1. #76

    Angry Tribeca Space

    Tribeca Space - Still no temporary Certificate of Occupancy, still no returned calls from Jim Brawders and David Kest of Corcoran (the selling agents), still no returned calls from the developer's lawyer, still no closer to moving in...

  2. #77
    Disgruntled Optimist lofter1's Avatar
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    Generally nothing much happens business-wise in NYC in August.

    All those folks ^^^ are probably on vacation.

  3. #78
    http://tinyurl.com/2ag28z Front_Porch's Avatar
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    Worth talking to the press maybe?

    ali r.
    {downtown broker}

  4. #79

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    Quote Originally Posted by 25Murray View Post
    Tribeca Space - Still no temporary Certificate of Occupancy, still no returned calls from Jim Brawders and David Kest of Corcoran (the selling agents), still no returned calls from the developer's lawyer, still no closer to moving in...
    I walk by it every day to and from work and sadly think about all this! I see workers every day working on the retail space, front the painting to the interior construction. Yesterday was the first time i saw people in one of the units in a long time at about 8:30am. I couldn't quite tell what they were doing but there were lights on.

  5. #80

    Default

    I just went on my walk-through of my new construction space and low and behold...I find out the area that I previously thought was part of my condo is in fact...common area. My apt is supposed to be a floor through and now I find out I have two doors to get from my living/kitchen area to my bedroom area. It's where the fire exit/staircases are. None of which was made clear in the offering plan.

    Have you ever heard of this? It seems awfully strange.
    Last edited by incredibleskulk; August 17th, 2007 at 03:06 PM.

  6. #81
    http://tinyurl.com/2ag28z Front_Porch's Avatar
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    It sounds beyond strange, it sounds possibly actionable -- did you, prior to this walk-through, see a different floor plan with two means of egress on it?

    You have to have two, to be up to fire code, and I'm wondering if that's why they did it.

    ali r.
    {downtown broker}

  7. #82

    Default

    Yes. The issue is in front of those fire doors, I believe. I think it has something to do with wheel chair accessibility and stairway space. On the original floor plan there were two fire exits off the hallway, flush with the hallway wall horizontally. Now there are additional doors on the vertical closing off the hallway, cutting off my living from sleeping.

    The sponsor claims I can remove the doors after the final CO at my own liability of course.

  8. #83
    Disgruntled Optimist lofter1's Avatar
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    To get this clear, do you now have a non-contiguous space?

    Living / Sleeping Areas separated by a commonly-accessible Fire Lobby which leads into Fire Stairs?

    If so ^^^ then on which side is the Kitchen?

    And do you have to pass through the commonly accessible Fire Lobby on your way from Bedroom <> Kitchen?

  9. #84

    Default

    Yeah, it's not contiguous. If im in my living room in order to go to my bedroom I have to open a spring hinged door, walk through a "common hallway" open another spring hinged door and then go into my bedroom. In effect two separate zones of my apt separated by a common hallway.

  10. #85

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    Quote Originally Posted by incredibleskulk View Post
    Yeah, it's not contiguous. If im in my living room in order to go to my bedroom I have to open a spring hinged door, walk through a "common hallway" open another spring hinged door and then go into my bedroom. In effect two separate zones of my apt separated by a common hallway.
    That is ridicolous. That has to be actionable - what did your attorney say?

  11. #86

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    It's definitely actionable...it's just getting over the 2 years I spent expecting to move in and then if I do pull out finding a comparable apt for the money...which is impossible.

  12. #87
    Disgruntled Optimist lofter1's Avatar
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    Hoping that this is so "actionable" that the developer has to find you a new place which is more-than-comparable to what was promised / purchased.

    btw: Did this happen on other floors as well? Or are you the only "lucky" buyer?

  13. #88

    Default damages

    I am no lawyer but as Lofter suggests, you should be able to get significant compensatory damages and to me, finding a comparable place on today's prices is a good starting point

  14. #89

    Default

    The problem is proving intentional fraud. In most cases like this the sponsor is only liable for the amount of the down payment and interest.

    I believe it's a building wide issue.

  15. #90
    Disgruntled Optimist lofter1's Avatar
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    Seems that if the spnsor NEVER told you (although at some point it must have become clear to the sponsor) that your unit would NOT be contiguous and did NOT show you the altered plans then that would go a long way towards proving INTENT TO DEFRAUD. I bet they made you aware of all sorts of other changes that took place between your contract and move in date.

    There is case law / precedent in NY State regarding the legality of non-connected units being considered as one habitable unit (the rulings I'm more familiar with are in terms of the Rent Stabilization Law, which might not apply to Condo law).

    You can find all sorts of good legal info at http://tenant.net/

    There is a good searchable forum connected to that site: http://tenant.net/phpBB2/

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