Over a month ago, I posted here saying that the condo board where we submitted our package never issued the waiver of the right of first refusal. The board never had any communication with us or our attorney but from communication between the building manager and our mortgage broker, it seems the condo board objected to the number of children we have and used a spurious financial objection as a... [more]
Over a month ago, I posted here saying that the condo board where we submitted our package never issued the waiver of the right of first refusal. The board never had any communication with us or our attorney but from communication between the building manager and our mortgage broker, it seems the condo board objected to the number of children we have and used a spurious financial objection as a ruse. Subsequently, we found a lawyer who said we had to serve the contract with a slight amendment incorporating the provisions of the condo declaration saying that if the board did not issue a waiver we could just close. The seller signed this amendment as did we and the attorney sent the amended contract to the board just before Thanksgiving. According to the attorney, thirty days after the amended contract went to the board, we could close. The declaration clearly say that if the board doesn't issue the waiver, we can close. However, yesterday, however, instead of waiting for the expiration of the thirty days to go to closing, the seller returned our deposit. (It is very clear to us that the seller feels that he could get much more for the property than we are paying as he never took any steps to get the board to issue the waiver.) (The lawyer, by the way, did contact the Board's attorney some weeks ago. The Board's attorney said he did not know anything about the situation which was not true because our first lawyer who said we couldn't do anything about the situation had called the Board
s lawyer several times and left a detailed message but his calls were never returned.) SO, all this leaves us the option of putting a lis pendens on the property and suing for specific performance. For us, the reason we are so keen on this apartment is that we cannot afford this much apartment in Manhattan for the kind of money we are paying for this apartment. Please advise. We don't really like this attorney that much - he doesn't keep in touch with us the way he should, we have to ask him for updates all the time - so any suggestions for a lawyer who is honest and reasonable and knowledgeable would be greatly appreciated as well. Thanks to everyone in advance.
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Response by drdrd
over 12 years ago
Posts: 1905
Member since: Apr 2007
I know you really really want this place but think for a moment ~ if they're giving you this much grief before you've even moved in, what might it be like once you & your multiple children are actually living there. Decide that there is a far better apartment waiting for you & start looking for it NOW.
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Response by front_porch
over 12 years ago
Posts: 5321
Member since: Mar 2008
In practice as an agent, I would have to know more details of your situation -- a financial objection that seems "spurious" to you might not seem so to a board.
But what the situation seems to come down to is, you have an attorney monitoring this situation -- do you trust his legal judgment?
If you do, then it seems like it would make sense to take steps to attempt to enforce a contract that he believes is enforceable. (I understand that you don't like him because he's tough to get in touch with, but try to separate that factor out from how much you trust his expertise).
Simultaneously, I believe that I had suggested earlier that you call 311 and start a Fair Housing complaint with the city. I would keep pushing on that front, and document your efforts, because I believe they might come into play in the lawsuit.
But I'm not a lawyer, so don't construe any of this as legal advice. Interested to hear what the lawyers on this board do think. NWT? Anybody else?
ali r.
DG Neary Realty
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Response by Flutistic
over 12 years ago
Posts: 516
Member since: Apr 2007
I think f_p is right on with this.
I like your lawyer from here.
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Response by Ottawanyc
over 12 years ago
Posts: 842
Member since: Aug 2011
Fats: Sorry to here that this did not go more smoothly. But this is playing out how it should. Although, as Ali mentions you really need to file that complaint, which sounds like it has merit. And make sure you don't accept the return of your deposit.
IN terms of lawyers: you get what you pay for. If you have flat fee structure they are probably less keen to deal with your frequent requests for updates. An hourly lawyer will happily reply to your many requests.
But, just stick with the person you have. When you take the nest steps it will likely show you are serious. Hit them with the complaint and the Fair Housing complaint and they will know you are serious and won't go away. This should motivate the seller. Make sure your lawyer mentions (or considers) the possibility that the board is gong beyond their fiduciary duties, which could entail personal liability.
Good luck.
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Response by rb345
over 12 years ago
Posts: 1273
Member since: Jun 2009
Fatrabbit:
1. unless there is something in your purchase contract or the Condo Declaration or
by-laws which gives you the right to enforce the seller's Declaration and its
associated right-of-first-refusal, you cannot sue the Condo because of a lack of
privity with it which results in a lack of standing to sue it
2. which leaves as your only meaningful option suing your seller
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Response by Ottawanyc
over 12 years ago
Posts: 842
Member since: Aug 2011
RB: That is exactly what Fats is doing. Requesting specific performance screws the seller and makes him deal with the issue.
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Response by Flutistic
over 12 years ago
Posts: 516
Member since: Apr 2007
Yes. Equitable remedy.
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Response by fieldschester
over 12 years ago
Posts: 3525
Member since: Jul 2013
Everyone is an expert based on one prior lawsuit in the Ottawa Small Claims Court.
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Response by fatrabbit
over 12 years ago
Posts: 83
Member since: Jan 2008
Ottawanyc, we are loath to use the same attorney because when he received the check from the other attorney on Wednesday, he e-mailed us and said that, although we had a strong case and his firm would make a lot of money bringing an action, it wouldn't be worth the expense so we should just go and look for another property. This makes us particularly uncomfortable and so we are not keen to work with him again. We are hoping we can find another attorney quickly. Any recommendations?
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Response by Flutistic
over 12 years ago
Posts: 516
Member since: Apr 2007
I would go straight to fair housing if I were you. Your atty has decided you can't afford the legal battle.
You can call them and make an appointment and see what they advise.
If you can't get this apartment you might at least make life interesting for the people discriminating against you.
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Response by fatrabbit
over 12 years ago
Posts: 83
Member since: Jan 2008
Thanks, Flutistic. Am going to call them now. I will also call the NYS Human Rights Commission.
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Response by Ottawanyc
over 12 years ago
Posts: 842
Member since: Aug 2011
Fats, yeah you need to get on the fair housing. Don't discount your advice you a re receiving because you don't like it. You just need to ask how much the different steps will cost and decide if it is worth it to you. Your costs may be recoverable if the other side has been very unreasonable. And by all means get a second opinion, but decide how far you are willing to go and understand the costs associated with each step. I still think the first step will provide the necessary incentive to the seller and board. On your last board I posted an article about this issue. Check out what firm that was or which ones worked on the cases that are similar to yours.
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Response by fieldschester
over 12 years ago
Posts: 3525
Member since: Jul 2013
I'm not sure why it's appropriate to call fatrabbit "fats" any more than Ottawanyc could be abbreviated as "tawany"
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Response by Flutistic
over 12 years ago
Posts: 516
Member since: Apr 2007
Let us know what Fair Housing says, OK, bunny family?
I know you really really want this place but think for a moment ~ if they're giving you this much grief before you've even moved in, what might it be like once you & your multiple children are actually living there. Decide that there is a far better apartment waiting for you & start looking for it NOW.
In practice as an agent, I would have to know more details of your situation -- a financial objection that seems "spurious" to you might not seem so to a board.
But what the situation seems to come down to is, you have an attorney monitoring this situation -- do you trust his legal judgment?
If you do, then it seems like it would make sense to take steps to attempt to enforce a contract that he believes is enforceable. (I understand that you don't like him because he's tough to get in touch with, but try to separate that factor out from how much you trust his expertise).
Simultaneously, I believe that I had suggested earlier that you call 311 and start a Fair Housing complaint with the city. I would keep pushing on that front, and document your efforts, because I believe they might come into play in the lawsuit.
But I'm not a lawyer, so don't construe any of this as legal advice. Interested to hear what the lawyers on this board do think. NWT? Anybody else?
ali r.
DG Neary Realty
I think f_p is right on with this.
I like your lawyer from here.
Fats: Sorry to here that this did not go more smoothly. But this is playing out how it should. Although, as Ali mentions you really need to file that complaint, which sounds like it has merit. And make sure you don't accept the return of your deposit.
IN terms of lawyers: you get what you pay for. If you have flat fee structure they are probably less keen to deal with your frequent requests for updates. An hourly lawyer will happily reply to your many requests.
But, just stick with the person you have. When you take the nest steps it will likely show you are serious. Hit them with the complaint and the Fair Housing complaint and they will know you are serious and won't go away. This should motivate the seller. Make sure your lawyer mentions (or considers) the possibility that the board is gong beyond their fiduciary duties, which could entail personal liability.
Good luck.
Fatrabbit:
1. unless there is something in your purchase contract or the Condo Declaration or
by-laws which gives you the right to enforce the seller's Declaration and its
associated right-of-first-refusal, you cannot sue the Condo because of a lack of
privity with it which results in a lack of standing to sue it
2. which leaves as your only meaningful option suing your seller
RB: That is exactly what Fats is doing. Requesting specific performance screws the seller and makes him deal with the issue.
Yes. Equitable remedy.
Everyone is an expert based on one prior lawsuit in the Ottawa Small Claims Court.
Ottawanyc, we are loath to use the same attorney because when he received the check from the other attorney on Wednesday, he e-mailed us and said that, although we had a strong case and his firm would make a lot of money bringing an action, it wouldn't be worth the expense so we should just go and look for another property. This makes us particularly uncomfortable and so we are not keen to work with him again. We are hoping we can find another attorney quickly. Any recommendations?
I would go straight to fair housing if I were you. Your atty has decided you can't afford the legal battle.
http://www.nyc.gov/html/fhnyc/html/home/home.shtml
http://www.nyc.gov/html/fhnyc/html/complaint/complaint.shtml
You can call them and make an appointment and see what they advise.
If you can't get this apartment you might at least make life interesting for the people discriminating against you.
Thanks, Flutistic. Am going to call them now. I will also call the NYS Human Rights Commission.
Fats, yeah you need to get on the fair housing. Don't discount your advice you a re receiving because you don't like it. You just need to ask how much the different steps will cost and decide if it is worth it to you. Your costs may be recoverable if the other side has been very unreasonable. And by all means get a second opinion, but decide how far you are willing to go and understand the costs associated with each step. I still think the first step will provide the necessary incentive to the seller and board. On your last board I posted an article about this issue. Check out what firm that was or which ones worked on the cases that are similar to yours.
I'm not sure why it's appropriate to call fatrabbit "fats" any more than Ottawanyc could be abbreviated as "tawany"
Let us know what Fair Housing says, OK, bunny family?