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Sale at 200 Chambers Street #PHC

Started by NWT
about 13 years ago
Posts: 6643
Member since: Sep 2008
Discussion about 200 Chambers Street #PHC
As discussed elsewhere, the buyer is suing the broker, saying that the unit is 4604 ft² instead of 4700, that the CCs and taxes were understated in the listing, and that the broker didn't make the required dual-agency disclosure. The contract the buyer didn't read: https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=ceUh6BGaOfqutd517mxKog==&system=prod The complaint: https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=ClNIfpIJTQL01Yiq0Feq/g==&system=prod
Response by Truth
about 13 years ago
Posts: 5641
Member since: Dec 2009

NWT: The buyer didn't even try to get the chandelier in third bedroom and the Chinese Print in master bedroom,
thrown into the deal.

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Response by greensdale
about 13 years ago
Posts: 3804
Member since: Sep 2012

Who is the Italian Billionaire who owned it?

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Response by front_porch
about 13 years ago
Posts: 5324
Member since: Mar 2008

Wow. Just wow.

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Response by NWT
about 13 years ago
Posts: 6643
Member since: Sep 2008

Wow is right. The big (if not only real) point is the dual-agency disclosure. Wilkenfeld says he never heard of it. Hedaya says Wilkenfeld refused to sign the form. https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=345sTpdB825Znm7kJ4ZhnA==&system=prod

Wilkenfeld asked the court for an order preventing the escrow agent from releasing the commission when the place closes in April. The court refused, saying that Wilkenfeld can get the money if and when he prevails.

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Response by front_porch
about 13 years ago
Posts: 5324
Member since: Mar 2008

Dual-agency disclosure is often delivered by email, so broker should have a record that it was delivered -- and then I believe if it's refused, broker has to fill out an attestation form saying that customer refused it.

So broker should have two pieces of paper on his side, right?

Although that's not as fun as the point that contract explicitly talks about the real estate taxes, and somehow buyer never processed that he signed that part.

ali r.
DG Neary Realty

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Response by 33496
about 13 years ago
Posts: 30
Member since: Nov 2009

This is what happens when a property in that price range is listed with a little rental bait-n-switch company like 'Platinum' Had the owner listed it with an appropriate company like Corcoran, Town, D.E., Halstead, BHS, Sotheby's, or maybe even Core, they wouldn't have this unethical mess on their hands.

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Response by jim_hones10
about 13 years ago
Posts: 3413
Member since: Jan 2010

33496
11 minutes ago
Posts: 30
Member since: Nov 2009
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This is what happens when a property in that price range is listed with a little rental bait-n-switch company like 'Platinum' Had the owner listed it with an appropriate company like Corcoran, Town, D.E., Halstead, BHS, Sotheby's, or maybe even Core, they wouldn't have this unethical mess on their hands.

like sotheby's, right asshole?

http://therealdeal.com/blog/2013/03/25/sothebys-ceo-manager-could-face-penalties-in-dual-agent-probe/

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Response by NWT
about 13 years ago
Posts: 6643
Member since: Sep 2008

Ali, Hedaya has the disclosure with the note about Wilkenfeld's refusal to sign, and Hedaya's witnessed affidavit attesting that Wilkenfeld refused to sign. Those are dated October 2011, more than a year before contract.

Wilkenfeld says those were fabricated after the fact.

It's telling that the judge has no problem with Hedaya collecting his commission before this thing is resolved.

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Response by front_porch
about 13 years ago
Posts: 5324
Member since: Mar 2008

@NWT, Hah! I don't know Hedaya, but good for him for being careful with his paperwork. (The high price of the listing would tend to make one extra-scrupulous).

As always, thanks for cherry-picking the news -- you're my real estate equivalent of "Pat's Papers" and I should buy you a drink sometime.

ali

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Response by Truth
about 13 years ago
Posts: 5641
Member since: Dec 2009

Wilkenfeld should stick to buying racehorses.

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Response by renterjoey
about 13 years ago
Posts: 351
Member since: Oct 2011

Did this apt go back on the market? I thought they went to contract.

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Response by NWT
about 13 years ago
Posts: 6643
Member since: Sep 2008

It's still in-contract. Wilkenfeld says he intends to close at the agreed-upon $13,000,000 or whatever it was.

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Response by Truth
about 13 years ago
Posts: 5641
Member since: Dec 2009

NWT: Wilkenfeld got a good deal. I read that it was listed at 16.5M, a price-chop down from 17.9M 2011 asking price.
He stated that his beef was that the sale contract was presented to him:
"for hurried execution by e-mail during the traumatic period of Hurricane Sandy", which "pressured" him to sign it quickly.
Add to that, his attorney's claim that without having his own broker to advise him, when he negotiated the final price, it's most likely the price he agreed to pay was more than he would have otherwise.

Somehow, Wilkenfeld has the smarts to buy racehorses and do 80M in online prom dress sales but the contract presented to him was just too much for him to handle.

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