New construction damaged adjacent foundation, who is liable?
Started by kierbaudy
over 17 years ago
Posts: 11
Member since: Apr 2008
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I recently saw a brand new small condo development that damaged an adjacent building's foundation. Sign in window noted that condo buyers can be held liable. If the attorney makes careful revision to contract, can the adjacent building owners still sue the new buyers? What if the developers don't fix the damage, will the amended contract still be protective? Thanks.
Response by bluerain
over 17 years ago
Posts: 47
Member since: Feb 2008
Get the Department of Buildings involved pronto.
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Response by joepa
over 17 years ago
Posts: 278
Member since: Mar 2008
The new condo buyers aren't getting releases from the adjacent building owners, are they? What would stop them from suing the new buyers. Perhaps the new buyers can seek indemnity from the developers if a suit is brought, but I wouldn't just assume you're free and clear because the contract between the sponsor and purchaser was amended.
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Response by kierbaudy
over 17 years ago
Posts: 11
Member since: Apr 2008
I did not buy in but considering, but from the sounds of it, it can be a nightmare. The developers lowered the prices and seem very eager to sell in a hurry. The adjacent owners were the ones that put up the signs, fair warning in advance. I would not have thought about it if I didn't see the signs. I hear that foundation damage to adjacent buildings are quite common during new construction. I wonder if this is a common problem? Thanks for your quick responses.
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Response by iMom
over 17 years ago
Posts: 279
Member since: Feb 2008
kierbaudy: If this is the development you are talking about, be very careful. Things are not what they seem.
Hi iMom, no it's not that development, but interesting reading!
In general, most new developments will affect adjacent buildings. If you buy into something that's not even built yet, how risky is that? The condo I am looking at sold most of the units already. I wonder how the earlier buyers are dealing with this.
Get the Department of Buildings involved pronto.
The new condo buyers aren't getting releases from the adjacent building owners, are they? What would stop them from suing the new buyers. Perhaps the new buyers can seek indemnity from the developers if a suit is brought, but I wouldn't just assume you're free and clear because the contract between the sponsor and purchaser was amended.
I did not buy in but considering, but from the sounds of it, it can be a nightmare. The developers lowered the prices and seem very eager to sell in a hurry. The adjacent owners were the ones that put up the signs, fair warning in advance. I would not have thought about it if I didn't see the signs. I hear that foundation damage to adjacent buildings are quite common during new construction. I wonder if this is a common problem? Thanks for your quick responses.
kierbaudy: If this is the development you are talking about, be very careful. Things are not what they seem.
http://www.nydailynews.com/news/2007/05/30/2007-05-30_homes_sabotaged_by_work_nextdoor.html
Hi iMom, no it's not that development, but interesting reading!
In general, most new developments will affect adjacent buildings. If you buy into something that's not even built yet, how risky is that? The condo I am looking at sold most of the units already. I wonder how the earlier buyers are dealing with this.
Any buyers been through this kind of situation?