I have a contract for a new developement and I recently called to get an update on the building. I added all the appliances as a rider to the contract as what was sold was different than the offering plan. One of the appliances I stated in my contract was a vent hood since the agent told me the building will supply a hood that vents out of the building. I have thus been informed that the building... [more]
I have a contract for a new developement and I recently called to get an update on the building. I added all the appliances as a rider to the contract as what was sold was different than the offering plan. One of the appliances I stated in my contract was a vent hood since the agent told me the building will supply a hood that vents out of the building. I have thus been informed that the building will install a recirculating hood. The sponsor's attorney is claiming that a "vent hood" in my contract means a vent hood, one that can be recirculating or venting out of the building, and that I should refer to the offering plan. This is irrelevant to me as all appliances offered already differ from the offering plan. I am frustrated with my attorney and feel that they do not know what they are doing. Is there anyone out there with any suggestions?
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Response by Mel
almost 18 years ago
Posts: 126
Member since: Jan 2008
Perhaps get a new attorney.
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Response by belugaw
almost 18 years ago
Posts: 14
Member since: Apr 2007
Have anyone out there changed attornies in the middle of a contract before? Would this be recommended? The new attorney may just blame the previous one for the poor work...any other suggestions would be appreciated.
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Response by ProperSerice
almost 18 years ago
Posts: 20
Member since: Feb 2008
Attorneys do hundreds of real estate closings and it is treated as an easy money. Hardly any of them fully read the thick offerin plan from the sponsors and their admin assistants due most of the work. But, if anything does go wrong, you want a pitbull in your corner.
Is it going to cost more in legal fees than the cost of the said appliances?
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Response by belugaw
almost 18 years ago
Posts: 14
Member since: Apr 2007
I think my attorney may not have inserted the correct verbiage in order to clarify the said appliance. A vent hood that vents out of the building can be expensive as it entails more than just the hood itself. It requires ventilation from the unit to the outside of the building, and this is where it gets expensive, so the appliance as a whole could be more expensive than the legal fees.
However, the original sales team at this new development clarified it to both me and my agent that the hood would vent out, but they have since changed the sales team (although still Prudential Elliman). I have called the previous agent and he has confirmed that the vent out of the building is indeed what he told me. When I brought this to the attention of the sales team and sponsor, they refuse to question him. Who in this transaction is responsible for this? Is it the broker, the sponsor or for the attornies to battle out?
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Response by belugaw
almost 18 years ago
Posts: 14
Member since: Apr 2007
Dear ProperSerice
My attorney has stated that she cannot handle this matter any further, so I would have to seek out a new attorney. She even had the audacity to lie to me and say that I never explained that the vent hood vents out of the building, which I did (as I was pleasantly surprised with this feature). I cannot believe at the lies and the audacity of everyone involved. The sales agent of the building (who is no longer a sales agent there, but still an agent of Prudential Elliman) confirmed with me just couple of weeks ago that he did tell me the vent hood would vent out of the building because that was the information that he was given, however he cannot comment as he is no longer with this project. I have asked the sales manager of this building to ask him so she'll have confirmation of this fact and she refuses to question him as he is no longer working with this building. No one will ask him because they all know the answer and my attorney is incompetent....
Any suggestions??
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Response by dsues
almost 18 years ago
Posts: 5
Member since: Dec 2007
We hired a new attorney 3 days prior to closing because of similar feelings of both frustration/incompetence. In fact, the flat fee was going to be raised from $2500 to 12,500 because of delays caused by our sponsor's inability to close for 4 moths...even though the deal was a flat fee.....
Our new attorney closed for us without any trouble whatsoever. Your current attorney by law must turn over all documents in the file to new counsel and cannot put any barriers out preventing/delaying your closing. New development can be tricky, as you relinquish any rights/control with most new development contracts. And most everything ends up favoring the sponsor through closing..... Who is the sponsor? What building?
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Response by zorki
almost 18 years ago
Posts: 10
Member since: Feb 2007
dsues, I'm in the same position as you. Not happy with my lazy lawyer who is suddenly threatening to charge more. Did you end up paying your previous lawyer a kill fee? How much did you pay for the new one to handle the closing? Any info would be greatly appreciated. Thanks!
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Response by stevejhx
almost 18 years ago
Posts: 12656
Member since: Feb 2008
A "vent hood" vents; a "recirculating hood" recirculates. What to do if they don't comply? Your option is to back out of your contract and fight over the deposit in court. You might win, it might take you years. You can file a complaint against the real-estate agent, but who doesn't think that real-estate agents will say or do anything for their commission?
I think, unless you're willing to walk away, if it's not possible to install a "vent hood" in the building, then you're not going to get one.
Perhaps get a new attorney.
Have anyone out there changed attornies in the middle of a contract before? Would this be recommended? The new attorney may just blame the previous one for the poor work...any other suggestions would be appreciated.
Attorneys do hundreds of real estate closings and it is treated as an easy money. Hardly any of them fully read the thick offerin plan from the sponsors and their admin assistants due most of the work. But, if anything does go wrong, you want a pitbull in your corner.
Is it going to cost more in legal fees than the cost of the said appliances?
I think my attorney may not have inserted the correct verbiage in order to clarify the said appliance. A vent hood that vents out of the building can be expensive as it entails more than just the hood itself. It requires ventilation from the unit to the outside of the building, and this is where it gets expensive, so the appliance as a whole could be more expensive than the legal fees.
However, the original sales team at this new development clarified it to both me and my agent that the hood would vent out, but they have since changed the sales team (although still Prudential Elliman). I have called the previous agent and he has confirmed that the vent out of the building is indeed what he told me. When I brought this to the attention of the sales team and sponsor, they refuse to question him. Who in this transaction is responsible for this? Is it the broker, the sponsor or for the attornies to battle out?
Dear ProperSerice
My attorney has stated that she cannot handle this matter any further, so I would have to seek out a new attorney. She even had the audacity to lie to me and say that I never explained that the vent hood vents out of the building, which I did (as I was pleasantly surprised with this feature). I cannot believe at the lies and the audacity of everyone involved. The sales agent of the building (who is no longer a sales agent there, but still an agent of Prudential Elliman) confirmed with me just couple of weeks ago that he did tell me the vent hood would vent out of the building because that was the information that he was given, however he cannot comment as he is no longer with this project. I have asked the sales manager of this building to ask him so she'll have confirmation of this fact and she refuses to question him as he is no longer working with this building. No one will ask him because they all know the answer and my attorney is incompetent....
Any suggestions??
We hired a new attorney 3 days prior to closing because of similar feelings of both frustration/incompetence. In fact, the flat fee was going to be raised from $2500 to 12,500 because of delays caused by our sponsor's inability to close for 4 moths...even though the deal was a flat fee.....
Our new attorney closed for us without any trouble whatsoever. Your current attorney by law must turn over all documents in the file to new counsel and cannot put any barriers out preventing/delaying your closing. New development can be tricky, as you relinquish any rights/control with most new development contracts. And most everything ends up favoring the sponsor through closing..... Who is the sponsor? What building?
dsues, I'm in the same position as you. Not happy with my lazy lawyer who is suddenly threatening to charge more. Did you end up paying your previous lawyer a kill fee? How much did you pay for the new one to handle the closing? Any info would be greatly appreciated. Thanks!
A "vent hood" vents; a "recirculating hood" recirculates. What to do if they don't comply? Your option is to back out of your contract and fight over the deposit in court. You might win, it might take you years. You can file a complaint against the real-estate agent, but who doesn't think that real-estate agents will say or do anything for their commission?
I think, unless you're willing to walk away, if it's not possible to install a "vent hood" in the building, then you're not going to get one.
BTW stay away from new construction.