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questions from a buyer - are they valid?

Started by west80s
over 12 years ago
Posts: 23
Member since: Mar 2009
Discussion about
I have an offer on my coop and they buyer submitted several questions that my management company refuses to answer - they say they are not required to answer them. The buyer doesn't want to sign the agreement and I am not sure how to get the management company to help me. My attorney called them as well but they still won't answer. Do you think these questions are reasonable: 1. copy of 2013 budget (we have 2012 financial report) 2. were there any bed bugs treated in the building in the last 2 years and if so which units 3. are there any shareholder arrears? if so which units and for how long? 4. how may sublets are there currently? 5. what are the XXXX unissued coop shares for? #2 and #3 are the critical questions to they buyer Appreciate your feedback.
Response by ab_11218
over 12 years ago
Posts: 2017
Member since: May 2009

1 - its a budget based on previous years #s. they should be able to get an idea from looking at the board minutes.
2 - any bed bug occurances are suppose to be recorded with the city. let them check there and board minutes.
3 - let them look at the board minutes for that info.
4 - it depends on the length of rental that is allowed. if 1 yra or on yearly basis, board minutes.
5 - that's nothing.

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Response by Ottawanyc
over 12 years ago
Posts: 842
Member since: Aug 2011

Yes tell them to get off their asses and go read board minutes. Can see why management company would steer clear of providing this information.

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Response by Squid
over 12 years ago
Posts: 1399
Member since: Sep 2008

Sounds like your buyer's atty is being lazy and not bothering with due diligence. Does your buyer not have an attorney? Is he representing himself? That could explain things...

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Response by west80s
over 12 years ago
Posts: 23
Member since: Mar 2009

Buyer has an attorney, so do I. We also thought that information would be in the board minutes, but my agent tells me it is not. Not sure what to do next.

Thank you very much for the feedback, very helpful

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Response by front_porch
over 12 years ago
Posts: 5322
Member since: Mar 2008

Which management company is this?

I'm not an attorney, (and nothing I say should be construed as legal advice) but at this point bedbug disclosure is customary and I might guess mandatory -- there's a form that we all regularly use as part of co-op applications.

I can't imagine that the management company could dodge providing the information in #2 ... ask your attorney to shed more light on this point.

ali r.
DG Neary Realty

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Response by aboutready
over 12 years ago
Posts: 16354
Member since: Oct 2007

Of course the managing agent needs to quantify arrears and sublet numbers. Any underwriting decision is going to be based on current numbers, not those from the minutes of the board meeting, and some boards keep such minimal minutes as to be laughable. Also this year's budget may reflect realities that are not apparent in last year's financials.

I've never had a problem receiving such info from a managing agent.

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