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Sponsor Ruined Value of my new condo

Started by unhappy1
about 17 years ago
Posts: 3
Member since: Aug 2009
Discussion about
What would you do? I bought a condo in a new building based on many things including the view. Before closing the sponsor gave another unit owner permission to put up a structure that now blocks my view. At no time was this disclosed to me. We discovered the encroachment after we closed and were living there. Not only does it now block the view, it is an ugly structure to look at and is already starting to wear. I would have never bought this apt had I known this. Any thoughts or comments?
Response by nycbuyer1
about 17 years ago
Posts: 108
Member since: May 2009

I would speak to your real estate attorney and see if there is anything in the contract/offering plan.

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Response by columbiacounty
about 17 years ago
Posts: 12708
Member since: Jan 2009

what a shame.

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Response by unhappy1
about 17 years ago
Posts: 3
Member since: Aug 2009

The sponsor commented, "when I gave approval I didn't consider the impact it would have on your apt." How does his admission help me? I have been told by two realtors that the value of my apartment is no longer what I paid because of this encroachment, but who wants to go through a lengthy lawsuit? Has anyone come across this problem in the past?

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Response by hotproperty
about 17 years ago
Posts: 277
Member since: Nov 2008

What building? I would call the sponsor every week asking him to rescind approval.

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Response by unhappy1
about 17 years ago
Posts: 3
Member since: Aug 2009

Too late to rescind approval. Structure is already in. Don't want to publicize building at this point, but I am mad as hell and might if I don't get some satisfaction! Building is in Chelsea

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Response by OldWest
about 17 years ago
Posts: 112
Member since: Jun 2008

You are assuming the Sponsor has the right to give the approval. What is the structure? It is totally possible it is not allowed -- not under Sponsor rights but under DoB.

Talk to a real estate attorney. Find out if structure is legal. Lots of time they are not. If not, it is easy. Have lawyer send letter to neighbor.

You say it is too late to rescind approval. Somehow I doubt that. Don't be so defeatist already. Be mad but first action is if structure is legal under DoB. Second, is it legal under the condo rules. And did Sponsor give permission through condo board or personally? Remember, it most likely is something the board would need to give permission for. There would be minutes.

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Response by Riversider
about 17 years ago
Posts: 13573
Member since: Apr 2009

Read the offering plan very carefully. Then speak to an attorney.

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Response by 30yrs_RE_20_in_REO
about 17 years ago
Posts: 9913
Member since: Mar 2009

I'll tell you what sounds "funny" about this to me: what Sponsor doesn't build every possible SF of structure of any sort that they legally can?

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Response by Riversider
about 17 years ago
Posts: 13573
Member since: Apr 2009

By-laws usually have limitations regarding structures and plantings on terraces. Sponsor may have just goofed and did not benefit. They may rescind the permission. Again check your bylaws, and speak to your attorney. This sounds cut and dry.

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Response by NWT
about 17 years ago
Posts: 6643
Member since: Sep 2008

unhappy1, you had no view to lose. A "view" by definition is protected. If you paid for a view that wasn't protected, it was your screwup.

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Response by romary
about 17 years ago
Posts: 443
Member since: Aug 2008

i'm more in the old west school - plenty o stuff built illegally gets torn down.....over time

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Response by kylewest
about 17 years ago
Posts: 4455
Member since: Aug 2007

If a view is key to why you are buying or an important part of your calculation of a unit's worth, it damn well better be protected in writing and you had best be sure your attorney reviews the purchase to ensure this aspect is covered. To just assume what you see will always be what you see is a bit naive.

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Response by w67thstreet
about 17 years ago
Posts: 9003
Member since: Dec 2008

did you know some native americans want their island back... and that includes your view unhappy!....

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