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possible rejection by Board????

Started by rlmg
almost 15 years ago
Posts: 16
Member since: Mar 2011
Discussion about
I am considering making an offer on an apartment that would be less than the seller paid a few years ago. Assuming the seller goes for it, would the Board reject it as being too low?
Response by West81st
almost 15 years ago
Posts: 5564
Member since: Jan 2008

How much less? 10-15% below a 2007-2008 price is to be expected in most market segments, and no Board should balk. 40% lower would be harder for them to swallow, but such an offer is unlikely to be accepted by the seller anyway.

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Response by stevejhx
almost 15 years ago
Posts: 12656
Member since: Feb 2008

It would be illegal for the Board to reject for that reason. Sue the bastards.

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Response by urbandigs
almost 15 years ago
Posts: 3629
Member since: Jan 2006

the board would NEVER disclose a reason for rejection, outside of 'criminal record' or 'not meeting financial requirements'. Usually the rejection is always delivered without an explanation as to limit the boards liability for discrimination. Just a heads up

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Response by spinnaker1
almost 15 years ago
Posts: 1670
Member since: Jan 2008

Sounds like sarcasm steve, but I'll bite: going with the theme, would it also be illegal for Google to reject an offer of $5 a share?

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Response by steveF
almost 15 years ago
Posts: 2319
Member since: Mar 2008

spinnaker..perfect analogy. Debate is now concluded. Thanks for attending.

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Response by Wbottom
almost 15 years ago
Posts: 2142
Member since: May 2010

Despite the blessing youve received from stevie pompoms, spinner, there's nothing in steve's post that seems other than literal.

It is in fact illegal for a board to reject a buyer based on contracted tranaction price. Were a board to express that, to "reject as being too low" as described in the OP, lawsuit would be a reasonable course of action.

WTF a transaction of Google shares, miles from regulated market prices, has to do with this discussion, only you will know.

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Response by steveF
almost 15 years ago
Posts: 2319
Member since: Mar 2008

Wbottom...my lost in the wilderness bear...
Do u buy shares in a coop and become a shareholder?
Does Google have a board of Directors?
Can only one shareholder decide to allow Google tobe purchased by another buyer or does the board of directors approve it?

Coop owners are shareholders in a corporation....duh.

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Response by spinnaker1
almost 15 years ago
Posts: 1670
Member since: Jan 2008

'bottoms, I get that you are enamored by yourself but I ask a question, not as a captain of industry, but as someone from the other end of the spectrum - the one where people respect one another.

Both are examples of shareholders agreeing to a transaction price, yet Steve suggests the blocking actions of a coop would be illegal. I don't understand why that would be the case.

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Response by stevejhx
almost 15 years ago
Posts: 12656
Member since: Feb 2008

Spinster, sorry, it's case law in New York: co-op Boards of Directors don't have the power to stop sales based on price.

UD - the power of Boards has been being whittled away for years now. They almost always lose lawsuits. Sue them, and the have to disclose their reasons. It's called "discovery."

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Response by rlmg
almost 15 years ago
Posts: 16
Member since: Mar 2011

I haven't made the offer yet. I was thinking 20 -21% of the seller's purchase price. It's less of a discount off her current asking price. I know Boards do not give reasons for rejections but I've heard stories in my open house travels that just made me wonder . BTW I am enjoying the diversion to Google stock and look forward to see how you all work it out.

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Response by Wbottom
almost 15 years ago
Posts: 2142
Member since: May 2010

steviepompoms/spinner--the sum intelligence you produce is that of a shoe

two situations you describe as analogous:

1) the board of google rejects a buyout of google at ??5 bux?? a share (trades 570 bux today).

2) the board of a coop apt indicates it is rejecting a buyer. the buyer has negotiated with the seller, in an arms length transaction, a price for a well-advertised apt. the board indicates the buyer has been rejected based on the price negotiated for the apt "being too low".

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Response by NYCMatt
almost 15 years ago
Posts: 7523
Member since: May 2009

"It would be illegal for the Board to reject for that reason. Sue the bastards."

Don't worry.

We'll find plenty of other reasons to reject.

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Response by Wbottom
almost 15 years ago
Posts: 2142
Member since: May 2010

rlmg
sale prices well below peak prices of late 07 are common for coop boards these days. it is illegal for coop boards to reject a buyer based on a price that results from an arms length negotiation/transaction, where an apt was reasonably marketed, etc
boards do on occasion reject based on price, but if a board is stupid enough to indicate that, youd likely not want to own in that bldg, as run by them. and of course that board could be sued.
bid as you think appropriate, period. if you get an "off the record" warning that said board will reject (illegally, mind you) a bid such as you might go to contract with, i'd avoid the bldg. if you like the building and are in no hurry, and you are able to go to contract at a price you like, and are not worried about potentially wasting 3 months waiting to hear from the board; run with it.

i just read that stevipompoms/spinner have offered to buy google for 5$/share--the board is in emergency session---shhhhh---this is not yet public

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Response by spinnaker1
almost 15 years ago
Posts: 1670
Member since: Jan 2008

Jeezus, I don't know why I bother. Are you really that thick?

Get out the crayons captain:

It's a story of 2 shareholders - I owns 500 shares in 666 Broadway corp, the other owns 500 shares in Google corp. They each find a buyer at a price far below market value. One corp can, according the stevies case law, legally block the transaction, while the other cannot. It just seems reasonable for someone to ask why without your confused dick getting in the middle of it.

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Response by steveF
almost 15 years ago
Posts: 2319
Member since: Mar 2008

Wbottom, another wandering bear, forever lost in their quest to obtain that elusive manhattan apartment that they so desperately love. Frustrated to the point of thrashing everything and anything that gets in their way of owning what they feel is rightfully theirs. Wbottom's slogan to live by: If you can't beat 'em then trash 'em.

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Response by spinnaker1
almost 15 years ago
Posts: 1670
Member since: Jan 2008

And by the way fool, SteveF may take issue with your liberal use of the steveipompoms handle. What a turd.

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Response by spinnaker1
almost 15 years ago
Posts: 1670
Member since: Jan 2008

I have a new handle for 'bottoms: upsidedown tomato

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Response by steveF
almost 15 years ago
Posts: 2319
Member since: Mar 2008

Wbottom just b/c apt prices are now around 5% below the highest they ever listed for doesn't mean u r allowed to get fresh and have a tantrum.

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Response by Wbottom
almost 15 years ago
Posts: 2142
Member since: May 2010

and matt, like i said, if you were dumb enough not to find other reasons, i wouldn't want to own in your bldg!!

spinner/steviepompoms, you guys should start a real estate/google fund

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Response by steveF
almost 15 years ago
Posts: 2319
Member since: Mar 2008

spin, the bears ALWAYS start, always. I complimented your creative post and for some reason the insults start flying.....
I often raise the question of "why do I try" as well. It's all doom and gloom for them.

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Response by Wbottom
almost 15 years ago
Posts: 2142
Member since: May 2010

wait to sell all studios til spinner/pompoms fund is up and running---and buy now if you aint long--this thing's gonna run away!!!

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Response by lad
almost 15 years ago
Posts: 707
Member since: Apr 2009

I assume you mean 20-21% OFF (and not of?) the seller's purchase price. If that's the case, I think you're fine. But if you want to make sure, look at recently sold comps within the building if the building is big enough. I suspect the board will be paying more attention to those than to what this seller paid.

In a medium or small building where everyone knows each other's business, it's a bit trickier. If the shareholder has lost her job or needs to move for a new one, I think the board will generally be inclined to help her move on with her life rather than risk potential default from someone with so little equity. But if she has come into money, gotten married, or otherwise moved up the ladder, there may be some jealousy/hard feelings that she is depressing their property values just to move on with her life. Still, despite whatever hard feelings, you're close enough to ask and to the previous sale that the board will probably swallow it.

And just some food for thought/encouragement, we bought our unit in Q1 '10 for almost 40% less than the one mirror unit in the building, in inferior condition, had appraised for in early '09 during a refinance. I think the valuation on this particular appraisal was flawed and extremely inflated, but that was the board's most recent anchor price. (Of course, we had no idea of this at the time.)

Despite this, we were board approved within two weeks of contract with no questions about the price. It wasn't until after we moved in that we got accused, mostly tongue-in-cheek, of decreasing property values and presenting refinance problems for everyone. (Our place appraised for exactly what we paid for it, so don't blame us!)

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Response by Wbottom
almost 15 years ago
Posts: 2142
Member since: May 2010

well said lad--and sounds like you made a nice purchase too

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Response by rlmg
almost 15 years ago
Posts: 16
Member since: Mar 2011

Wbottom

Thank you. I may have been putting to much importance on broker chatter at open houses I have visited, the ones trying to explain a lost deal and an apartment now back on the market. I have not heard anything like that in connection with the apartment I am considering an offer on and if I did I probably would walk away. I figured it didn't hurt to ask. This process is stressful enough; if I can prevent my mind from wandering to all the things that could possibly go wrong it would be a good thing.

now, on to those $5 Google shares...

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Response by stevejhx
almost 15 years ago
Posts: 12656
Member since: Feb 2008

"We'll find plenty of other reasons to reject."

I guess you've never been through legal discovery, have you?

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Response by NYCMatt
almost 15 years ago
Posts: 7523
Member since: May 2009

"I guess you've never been through legal discovery, have you?"

No need to.

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Response by alanhart
almost 15 years ago
Posts: 12397
Member since: Feb 2007

Wowie! Matthew is correct again: nobody would ever sue to get into a walkup condo in Fort George. Exit, maybe.

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Response by Wbottom
almost 15 years ago
Posts: 2142
Member since: May 2010

today, 4/12, is matt's day.

matt would you pls predict today's closing price for the s and p futures?

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Response by Sunday
almost 15 years ago
Posts: 1607
Member since: Sep 2009

stop kissing his @ss, he's not interested in your bottom.

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Response by rlmg
almost 15 years ago
Posts: 16
Member since: Mar 2011

lad
yes, I meant 'off' and not 'of' Thanks for the encouragement. I hope we'll do as well with whatever we decide to do.

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Response by falcogold1
almost 15 years ago
Posts: 4159
Member since: Sep 2008

it's all a moot point.
you make your low offer, the seller accepts, you make your package and, you let the chips fall where they may.
If they reject you because of price would you offer to pay more?
end of story...

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Response by rlmg
almost 15 years ago
Posts: 16
Member since: Mar 2011

falcogold1- I wondered about that too and how much I wanted the apartment. (It would be so much easier than legal action.) But you're right, the chips gotta fall where the chips gotta fall.

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