I am in contract for an apartment under construction in a condo conversion. The kitchen comes with a wine fridge and we had naturally assumed it was going to be integrated. When we walked through the model apartment, the sponsor sales agent pointed out to us that the WF was actually going to be a stand-alone and placed on the bottom shelf of the pantry. She pointed it out with an uneasy expression... [more]
I am in contract for an apartment under construction in a condo conversion. The kitchen comes with a wine fridge and we had naturally assumed it was going to be integrated. When we walked through the model apartment, the sponsor sales agent pointed out to us that the WF was actually going to be a stand-alone and placed on the bottom shelf of the pantry. She pointed it out with an uneasy expression as she knew that neither we nor any of the other buyers expected or wanted this. Of course, there's nothing in our contract that states the WF was going to be integrated. But our floorplan does show the WF's position as NEXT TO the pantry. I am wondering what if anything we can do about this? Isn't it safe for buyers to assume that appliances will be integrated?? The way the WF is set up in the model apartment, it looks awful and I probably would just disconnect it and put it in storage.
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Response by flarf
about 13 years ago
Posts: 515
Member since: Jan 2011
Does your contract specify the manufacturer or model number of the wine fridge?
There's a big difference between a Eurocave and a $49 six-bottle countertop special from Bed Bath and Beyond. If the details aren't spelled out in your contract, I'm not sure why you would assume the developer would supply the more expensive option.
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Response by wiivile
about 13 years ago
Posts: 52
Member since: Aug 2012
#firstworldproblems
In all seriousness, in NYC, if not otherwise specified by contract, developers will always go with cheap crap.
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Response by Riversider
about 13 years ago
Posts: 13573
Member since: Apr 2009
Speak to your lawyer. However keep in mind, your rights and expectations are spelled out the prospectus , sales contract and the law. If you assumed something the plan is vague about, then the developer does have some discretion. Show the lawyer the blue-prints/floor plans. Perhaps the plan conveys a reasonable expectation that an integrated unit be provided. You might also want to go downtown and pull the offering plan of a competing building where the unit was integrated and see if the languages in the docs differ. Also keep in mind the value of what you are disputing should you decide to pursue something involving lawyers. If you don't have clear recourse it might be cheaper to purchase what you want.
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Response by oldgreyhair
about 13 years ago
Posts: 122
Member since: Nov 2010
Speak to your lawyer. Have him/her insist that the developer is selling REAL ESTATE and that means an integrated unit. Not sure if you are just a shopper at this point or of you have a contract. It's all about negotiation; and the wherewithal to walk away if you don't get what you want. Every detail in writing!
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Response by redpanda
about 13 years ago
Posts: 28
Member since: Feb 2011
Thanks for the responses. Riversider, thanks for providing advice I can actually implement!
The floorplan clearly shows the wine fridge as sandwiched between a pantry and stove. I think based on this, there's a reasonable expectation that the wine fridge was going to be integrated into the space. The contract does specify the manufacturer, but not model, of the WF, so this doesn't help me as the manufacturer has both freestanding and built in models.
wiivile - I completely agree this is a 1st world problem!
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Response by redpanda
about 13 years ago
Posts: 28
Member since: Feb 2011
oldgreyhair - that was my feeling EXACTLY. He's a developer, not PC Richards! We're in contract already. I thought I looked at the contract pretty carefully, but I didn't think we'd have to worry about this!
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Response by greensdale
about 13 years ago
Posts: 3804
Member since: Sep 2012
Is this in Manhattan?
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Response by redpanda
about 13 years ago
Posts: 28
Member since: Feb 2011
Greensdale - Yes.
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Response by NYCMatt
about 13 years ago
Posts: 7523
Member since: May 2009
"if not otherwise specified by contract, developers will always go with cheap crap."
Words to live by.
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Response by alanhart
about 13 years ago
Posts: 12397
Member since: Feb 2007
No, the words to live by are "Builders' Grade". That's Latin for "cheap crap".
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Response by Riversider
about 13 years ago
Posts: 13573
Member since: Apr 2009
It's just a wine frig, Que Syrah Syrah
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Response by alanhart
about 13 years ago
Posts: 12397
Member since: Feb 2007
That would've been funny if you had written "Che Shiraz Shiraz".
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Response by Squid
about 13 years ago
Posts: 1399
Member since: Sep 2008
Syrah IS Shiraz, Alan. That's why it's funny.
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Response by Riversider
about 13 years ago
Posts: 13573
Member since: Apr 2009
Carpe Vinum!
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Response by flarf
about 13 years ago
Posts: 515
Member since: Jan 2011
The developer will file redpanda's complaint under Whine Fridge.
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Response by Riversider
about 13 years ago
Posts: 13573
Member since: Apr 2009
We need to chill with the puns(wait that's not helping)
Does your contract specify the manufacturer or model number of the wine fridge?
There's a big difference between a Eurocave and a $49 six-bottle countertop special from Bed Bath and Beyond. If the details aren't spelled out in your contract, I'm not sure why you would assume the developer would supply the more expensive option.
#firstworldproblems
In all seriousness, in NYC, if not otherwise specified by contract, developers will always go with cheap crap.
Speak to your lawyer. However keep in mind, your rights and expectations are spelled out the prospectus , sales contract and the law. If you assumed something the plan is vague about, then the developer does have some discretion. Show the lawyer the blue-prints/floor plans. Perhaps the plan conveys a reasonable expectation that an integrated unit be provided. You might also want to go downtown and pull the offering plan of a competing building where the unit was integrated and see if the languages in the docs differ. Also keep in mind the value of what you are disputing should you decide to pursue something involving lawyers. If you don't have clear recourse it might be cheaper to purchase what you want.
Speak to your lawyer. Have him/her insist that the developer is selling REAL ESTATE and that means an integrated unit. Not sure if you are just a shopper at this point or of you have a contract. It's all about negotiation; and the wherewithal to walk away if you don't get what you want. Every detail in writing!
Thanks for the responses. Riversider, thanks for providing advice I can actually implement!
The floorplan clearly shows the wine fridge as sandwiched between a pantry and stove. I think based on this, there's a reasonable expectation that the wine fridge was going to be integrated into the space. The contract does specify the manufacturer, but not model, of the WF, so this doesn't help me as the manufacturer has both freestanding and built in models.
wiivile - I completely agree this is a 1st world problem!
oldgreyhair - that was my feeling EXACTLY. He's a developer, not PC Richards! We're in contract already. I thought I looked at the contract pretty carefully, but I didn't think we'd have to worry about this!
Is this in Manhattan?
Greensdale - Yes.
"if not otherwise specified by contract, developers will always go with cheap crap."
Words to live by.
No, the words to live by are "Builders' Grade". That's Latin for "cheap crap".
It's just a wine frig, Que Syrah Syrah
That would've been funny if you had written "Che Shiraz Shiraz".
Syrah IS Shiraz, Alan. That's why it's funny.
Carpe Vinum!
The developer will file redpanda's complaint under Whine Fridge.
We need to chill with the puns(wait that's not helping)