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Developer's Breaking Contract

Started by Meritage
over 14 years ago
Posts: 25
Member since: Oct 2009
Discussion about
I put a down payement on a Unit in the 15-17 Judge Street Condominium in Brooklyn, back in July 2009. I am still in contract. The building has recently recieved it's C of O. The offering plan states that "...Upon closing of the sale of 50% of the Units... (the sponsor has) the right to rent rather than sell Units. Two problems: 1. The sponsors attorney has not communicated with my attorney to close on my condo. 2. Units are being listed for rental on the internet "http://streeteasy.com/nyc/building/17-judge-street-brooklyn" What can I do?
Response by Isle_of_Lucy
over 14 years ago
Posts: 342
Member since: Apr 2011

Two years they've had your money? Isn't there anything in the contract that stipulates a closing deadline?

Through my attorney, I'd sue for performance (if I still wanted to live there), or sue for my deposit back. Are you sure the sponsor's attorney is still representing the sponsor?

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Response by Truth
over 14 years ago
Posts: 5641
Member since: Dec 2009

Don't want to live there, Meritage.

Get your down payment back.

Buy something better.

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Response by gcondo
over 14 years ago
Posts: 1111
Member since: Feb 2009

Did they at least put your downp in an interest bearing escrow account?

I would not trust any developer, ever.

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Response by Meritage
over 14 years ago
Posts: 25
Member since: Oct 2009

My down payment is in escrow. There was no closing deadline. I do still want to live there. I can't find anything nearly that size for the cheap price of $410,000. My mortgage payments would be less than this buidling plans on charging for rent.

My attorney is a closing lawyer and says he doesn't entirely know how to handle suing for things like this. He has reached out to the sponsors's attorney but has no information.

Do I need to higher a lawyer who would really get on top of the sponsor?

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Response by Truth
over 14 years ago
Posts: 5641
Member since: Dec 2009

Meritage: How much did you put down?
You can hire a lawyer but legal fees add up. The sponsor may still avoid responding to your lawyer.

Good luck. Hope it turns out well for you.

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Response by maly
over 14 years ago
Posts: 1377
Member since: Jan 2009

Hire a real lawyer to review the contract and figure out your options. You are probably looking at $4,000 of legal fees just to negotiate/close if your contract is solid (unlikely, because developers usually have better lawyers than first-time buyers.) If not, you can probably get your dp back + interest and expenses.

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Response by manhattanfox
over 14 years ago
Posts: 1275
Member since: Sep 2007

your mortgage payment -- but you would still be responsible for main and taxes? so are you better off?

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