sold an apt with view that sponsor ruined before closing
Started by achybreakyheart
about 16 years ago
Posts: 3
Member since: Oct 2009
Discussion about
Title should read BOUGHT AN APT WITH VIEW THAT SPONSOR RUINED BEFORE CLOSING
What you need is paper trail of what you were promised. It is very difficult to prevail on actions involving oral representations. Doesn't your sales contract say something about the contracct is being entered into only based on representations contained in the contract and that the contract is the embodiment of the only terms of the sale?
When I was recently buying, we researched the air rights of the buildings that would affect our views, looked into zoning laws that would bear on the future of our views, etc. If there is something like a view that is a material reason for buying a place, I don't think just relying on a broker or sponsor's oral statements is all that prudent. I hope you have a guarantee or statement from them in writing because it is going to be really tough to proceed with any legal remedy otherwise.
Short of a legal remedy, have you approached the individuals who said these things about views to you to discuss the situation?
lawyer time...and a good one...i wouldn't dpeak to anyone who was party to this until you have assembled and closely studied all your docs and spoken to a lawyer..get your ducks lined up as best can before you give them an idea of what you will do
achy...that s-cks. It's all about the views. I'd pay a visit to those realtors.
If it ain't it writin', you've got NOTHIN'; merely a 'he said, she said' situation. If you don't have it in writing, save your money on the attorney fees.
Do the bylaws/house rules allow canopies outside individual units? Does the sponsor have a magic wand to approve such things? And can a future board ban them without a grandfather clause. It seems plausible that they present issues to the facade integrity, aesthetics, etc. I think that's your best shot at remedy. You're lucky the view wasn't obstructed by taller nearby construction.
I agree that the non-written promise/representation of a good view wouldn't be all that compelling, especially if the seller/realtor had no direct control over this matter.
However, there might be another route for you to take. Most Manhattan bldgs. have strict stipulations on outside alterations by individual owners. Some bldgs. even regulate the color of your blinds/curtains. So, even if such permission was given to the owner above your unit, you may be able to show that the permission goes against the by-laws of the bldg. AND you are suffering as a result of this irregular permission to alterate. THAT would be more compelling in my opinion.
Sponsor says because he is still Pres of the Board,(it has not been turned over) he can approve anything he wants in spite of bylaws!