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Breach of Contract

Started by Pcm30
over 12 years ago
Posts: 0
Member since: Oct 2013
Discussion about
In contract for a coop on the UES. Put down 10%, all cash purchase. 80 days later board asked for a 5 year escrow account and we will not be able to finance for 5 years. Contract said 1 year. We have $15 million in the bank. Not sure what to make of this. Do they just want us out. They have a bad reputation.....many articles from NYT on this board. The board declined the last buyer in April 13 and it was back on the market in July of this year. Comments please. Thanks.
Response by fieldschester
over 12 years ago
Posts: 3525
Member since: Jul 2013

Pcm30, with $15MM in the bank, why do you think this co-op would let you in?

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Response by NWT
over 12 years ago
Posts: 6643
Member since: Sep 2008

What multiple of the sale price is the $15,000,000 minus sale price. (That's what the board is looking at.

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Response by jms8
over 12 years ago
Posts: 110
Member since: Apr 2011

I'm confused, your contract with the seller said no financing for 1 years? Well how does that matter, were you still waiting on board approval? If so, then you have the board's terms, seller's seem irrelevant.

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Response by NYCNovice
over 12 years ago
Posts: 1006
Member since: Jan 2012

Also what is your spending history and balance trend? If you have $15MM in the bank, but typically spend $10MM a year, that could make someone nervous, particularly if maybe a few years ago you had $60MM in the bank.

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Response by gatornyc
over 12 years ago
Posts: 293
Member since: Jun 2009

Why would someone with $15 million in the bank come to this Board for this type of advice? Hire an excellent real estate attorney.

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Response by Truth
over 12 years ago
Posts: 5641
Member since: Dec 2009

Agree with gatornyc.

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Response by bramstar
over 12 years ago
Posts: 1909
Member since: May 2008

Please keep in mind it is quite likely someone from that particular board reads SE and will recognize the rather unique situation your are describing here on the board. Suggest you not provide any more details here. You've already disclosed too much.

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Response by Sonya_D
over 12 years ago
Posts: 547
Member since: Jan 2013

Agreed with bramstar.

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Response by huntersburg
over 12 years ago
Posts: 11329
Member since: Nov 2010

Disagree with bramstar. Nobody reads this crap.

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Response by columbiacounty
over 12 years ago
Posts: 12708
Member since: Jan 2009

why do you switch between identities?

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Response by fieldschester
over 12 years ago
Posts: 3525
Member since: Jul 2013

hi scarednycgal!

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Response by columbiacounty
over 12 years ago
Posts: 12708
Member since: Jan 2009

is that why?

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Response by selyanow
over 12 years ago
Posts: 132
Member since: Dec 2007

My understanding is that the board would have to approve any financing should you go to refinance next year or subsequent years. Are they asking you to put 5 years of purchase price in escrow or just that you agree to finance within a 5 year period?

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Response by drdrd
over 12 years ago
Posts: 1905
Member since: Apr 2007

Buy now or be priced out forever.

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Response by NYCNovice
over 12 years ago
Posts: 1006
Member since: Jan 2012

I am amazed at how many people with tons of cash in the bank are highly leveraged, and that would make me nervous were I looking at someone as prospective fellow shareholder in anything. The escrow requirement combined with the no-financing-for-5-years suggests to me that that is the board's concern.

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Response by Consigliere
over 12 years ago
Posts: 390
Member since: Jul 2011

The 1 percent never catches a break.

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Response by rb345
over 12 years ago
Posts: 1273
Member since: Jun 2009

Pcm30:

1. the appeals court for Manhattan has ruled that Coop boards can impose special
conditions on purchasers in consideration for waiver of theie right to refuse
consent to any purchase for any or for no reason whatsoever

2. the conditions sounds onerous and possibly obnoxious or offensive to you, but
if the board has the right to unconditionally reject your purchase application
it also has the express right to approve it on a conditional basis

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Response by Truth
over 12 years ago
Posts: 5641
Member since: Dec 2009

Pcm has "15 million in the bank". (Must have more in various investments.)
Is aware that the Co-op "has a bad reputation..."
Purchase a condo, Pcm. Have a Happy Thanksgiving and holiday season.

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