Hi, I just purchased a co-op. When I first saw the apartment, the windows were fully shut and I did not try to open them. I did have other concerns such as appliance removal etc. I addressed these with my attorney and the purchase contract was altered to include such. I did not however,say anything about the windows as at the time, I wasn't aware that they needed repairs. Meanwhile, in good faith... [more]
Hi,
I just purchased a co-op. When I first saw the apartment, the windows were fully shut and I did not try to open them. I did have other concerns such as appliance removal etc. I addressed these with my attorney and the purchase contract was altered to include such. I did not however,say anything about the windows as at the time, I wasn't aware that they needed repairs. Meanwhile, in good faith I signed the purchase contract. After I signed the contract, I had a final inspection with a professional during which I was told that all of the windows needed replacement. I then contacted my attorney and told him to bring this issue up with the seller's attorney. The closing was 2 days later during which, my attorney assured me that the windows would be repaired with the seller's "move-out" deposit. Still during closing, I asked my attorney to put something in writing so that it could be signed by both parties. He said it is not necessary as both the seller and her attorney acknowledged that.
After that, I had a glass company which was recommended by the co-op board come for an estimate which I forwarded to my attorney who on the other hand forwarded it to the seller's attorney. The answer was that they never agreed on window repairs. At this time, I also find out from my attorney that there was no escrow on the account (he says he is not sure why (!!!) ) and also that there was no any inspection contingency on the contract. I had complete faith in my attorney to take care of these things for me as I was not very familiar with buying a property until today. I feel I was misrepresented and I expressed this with him.
Do I have any legal rights in all this and do you have any advise for me?
Thank you.
LM
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Response by scarednycgal
about 13 years ago
Posts: 170
Member since: Mar 2013
My lawyer was also very dismissive...with this attitude of oh, it will work out. You really have to be on their cases all the way, as it seems they do not take care of everything for you.
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Response by intercontinental
about 13 years ago
Posts: 33
Member since: Jan 2013
LLM, I hope these are your initials and not the degree you have! Based on the facts you provided, it does not sound like you have any recourse. If you were planning to do an inspection pre-closing with the expectation that any issues would be fixed by seller, this should have been negotiated in your contract. I can't imagine any seller agreeing to pay for expensive window replacement after the contract has already been signed.
If your attorney lied to you about the seller agreeing to pay for the repairs and you have this in writing, you could report him to the State Bar. But I don't think you even have grounds to sue him because there are no damages from his lie, i.e., you'd have to pay for the windows anyway, unless you refused to close and were willing to give up your deposit.
I've been told that residential RE attorneys are not that great as it's a volume business meaning they can't or won't pay alot of attention to any individual client. I'm sorry for your experience, but unfortunately, it sounds like you will have to suck it up and pay for the windows.
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Response by intercontinental
about 13 years ago
Posts: 33
Member since: Jan 2013
I should have said "most" residential RE attorneys are not that great, I'm sure there are some good ones out there!
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Response by TRex
about 13 years ago
Posts: 13
Member since: May 2013
ALWAYS get stuff in writing. No exceptions, don't care who promises what. End of story.
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Response by hofo
about 13 years ago
Posts: 453
Member since: Sep 2008
Once you signed, you are stuck.
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Response by LLM
about 13 years ago
Posts: 3
Member since: Aug 2010
Thanks for all your comments - very helpful.
I have nothing in writing. The only thing I rely on, is a discussion that took place during the closing between myself, my attorney, the seller, her attorney and the co-op representative. I told them directly and through my attorney that I need the windows repaired and they acknowledged it and said yes. I did ask my attorney for something in writing but he insisted it is not necessary as it will be taken care of. It seems that I might be stuck with this extra expense I had not counted on.
LM
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Response by LLM
about 13 years ago
Posts: 3
Member since: Aug 2010
Oh and "intercontinental", obviously I don't have an LLM degree, I wished my attorney had one though;)
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Response by kaydee
about 13 years ago
Posts: 35
Member since: Feb 2012
Aren't the windows the responsibility of the co-op? Does the building have a super? In our co-op, we've had problems with the windows but the co-op does not want to replace them (they are about 25 yeears old) because of the expense. However, the super has been able to make them more functional.
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Response by andwin
about 13 years ago
Posts: 80
Member since: Jan 2008
The windows are owned by the Coop Corporation as part of the common elements. They have absolute jurisdiction over the windows and doors and it's their responsibility to maintain them.
But it is a Coop after all, and if they can find a way to get you to pay they will.
If the windows are not functioning contact the Board, Super, and management in writing with a polite letter explaining their condition. Hopefully they will simply repair or replace them for you. It's also a safety issue. Hopefully they will comply. Good luck.
My lawyer was also very dismissive...with this attitude of oh, it will work out. You really have to be on their cases all the way, as it seems they do not take care of everything for you.
LLM, I hope these are your initials and not the degree you have! Based on the facts you provided, it does not sound like you have any recourse. If you were planning to do an inspection pre-closing with the expectation that any issues would be fixed by seller, this should have been negotiated in your contract. I can't imagine any seller agreeing to pay for expensive window replacement after the contract has already been signed.
If your attorney lied to you about the seller agreeing to pay for the repairs and you have this in writing, you could report him to the State Bar. But I don't think you even have grounds to sue him because there are no damages from his lie, i.e., you'd have to pay for the windows anyway, unless you refused to close and were willing to give up your deposit.
I've been told that residential RE attorneys are not that great as it's a volume business meaning they can't or won't pay alot of attention to any individual client. I'm sorry for your experience, but unfortunately, it sounds like you will have to suck it up and pay for the windows.
I should have said "most" residential RE attorneys are not that great, I'm sure there are some good ones out there!
ALWAYS get stuff in writing. No exceptions, don't care who promises what. End of story.
Once you signed, you are stuck.
Thanks for all your comments - very helpful.
I have nothing in writing. The only thing I rely on, is a discussion that took place during the closing between myself, my attorney, the seller, her attorney and the co-op representative. I told them directly and through my attorney that I need the windows repaired and they acknowledged it and said yes. I did ask my attorney for something in writing but he insisted it is not necessary as it will be taken care of. It seems that I might be stuck with this extra expense I had not counted on.
LM
Oh and "intercontinental", obviously I don't have an LLM degree, I wished my attorney had one though;)
Aren't the windows the responsibility of the co-op? Does the building have a super? In our co-op, we've had problems with the windows but the co-op does not want to replace them (they are about 25 yeears old) because of the expense. However, the super has been able to make them more functional.
The windows are owned by the Coop Corporation as part of the common elements. They have absolute jurisdiction over the windows and doors and it's their responsibility to maintain them.
But it is a Coop after all, and if they can find a way to get you to pay they will.
http://www.nydailynews.com/life-style/real-estate/expert-pays-defective-windows-co-op-article-1.1082814
If the windows are not functioning contact the Board, Super, and management in writing with a polite letter explaining their condition. Hopefully they will simply repair or replace them for you. It's also a safety issue. Hopefully they will comply. Good luck.