Sponsor rejected punchlist -- now what?

have your attorney review the punchlist to see if there's anything "outrageous" that is on it. if not, don't close until the puchlist is completed.

i would have my attorney relay the punchlist to their attorney so that there will not be any "misunderstandings"

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Curious who the sponsor is, and how extensive your list is.

My lawyer saw the punchlist and didn't think anything outrageous was on it. The sponsor is a small developer in Queens. The list has maybe 25 items on it, ranging from replacing kitchen cabinet shelves that are damaged (rejected) to addressing water that doesn't get hot enough in the shower (rejected) to repainting some minor scratches (approved).

I've also been told that the hot water issue has been fixed, but they still refuse to acknowledge it on the punchlist, which makes no sense to me... if the building's boiler doesn't work or isn't sufficient it would be covered by the warranty anyway, they're not gaining anything by trying to take it off the punchlist.

Can anyone offer any insight into what they're after, or how i can combat it? When i push harder on individual items i get "that's been fixed", i respond with "then why was it rejected on my punchlist?", and i get "we're not responsible for it".

Is it possible that the sponsor wants out of your contract in order to sell your unit to another buyer at a higher price?

let the lawyer deal with it. thats what they get paid for. Sponsors will only budge when they are forced to.

Agree with marco_m, your attorney has to speak up for you and make sure the punchlist items remain. Even then, this developer seems really shady - I have closed on multiple new constructions, and have never had a punchlist rejected although there were two instances where the sponsors were tardy and it took many many calls and emails before they fixed some of the outstanding punchlist items.In one case, the sponsor did not address two items on the punchlist but since they were cosmetic we let it go.

by the way, I had a friend who bought a unit in a new construction in upper manhattan, and it took them two years to fixed all the issues (some of which are pretty major ones). You should really re-consider buying into this building, as you never know what else is not constructed well in the building. The last thing you need is to fork out extra $$ (as maintenance) should the building have other major issues.

Can you get an amount sufficient to address the punchlist items held in escrow post-closing and released when the punchlist items are addressed, for those items that you could hire a third party to address? If the building needs a new boiler, you couldn't escrow for it.

You might be right, they might be trying to get away with what they can, thinking that worst case scenario i walk away and they resell for a higher price. Which just gets me back to my original question -- how do i combat it?

And i don't think they'll agree to put money in escrow since they're flat out rejecting my punchlist items...

you keep pushing them to get your checklist done and do not get out of the contract. that way they are stuck just like you.

if the hot water heater is for the whole building, no one will close until it's fixed. it could've been a simple adjustment of the shower body just for your shower.

Re: hot water issue. Thats not always true. Some people will close despite building issues because
1. they may not be aware of it
OR
2. they are aware of it but think it will be addressed

I know of a buiilding where there were water leaks into the windows as they were sealed improperly. The owners of the entire building had to pool $ to sue the developer - and the matter was resolved after 2.5 hours. During that time, the sponsor/developer could not sell any units because of the pending lawsuit.

MattThompson -- the matter was resolved after 2.5 hours? Do you mean years?