501 E 79 Apt 2FE

Has gone into contract twice and each time not sold? What is wrong here?????

Does not appear to be a C of O on apt 2FE either.

Is the C of O not there for the whole building or just this apartment? I would have thought the C of O is for the building when it comes to a coop not by individual unit.

Wasn't there a code amendment in the 1990s which said in Coops you weren't required to amend the C of O when combining apartments but merely follow a set of rules (like only 1 kitchen, etc) and have the proper permits?

The real question I would ask is are there 1 or 2 Stock Certificates, because that is the collateral. Theoretically if there are 2 Stock Certificates, there could be a different loan on each and you could end up with a situation where one got foreclosed but the tenant/prior Stockholder couldn't be evicted because the "unit" didn't actually exist anymore (that is to say, how do you evict someone from half an apartment?).

While in a Condo and not a Coop, this exact situation happened at Museum Tower (15 West 53rd St). I knew someone who bought a unit there only to find out it had been combined with the adjoining unit. After closing he tried to gain possession by evicting the prior owner but was denied in L&T. It took the better part of a decade to resolve the situation because the owner was financing his litigation through all the money he wasn't paying in rent or mortgage or common charges or taxes.

There is no requirement to amend the C of O if you combine apartments. For condos combined units remain two tax lots unless condo amendment to the offering plan is filed which is rare unless sponsor sold them as combined and filed an amendment.

There is no requirement to amend the C of O if you combine apartments. For condos combined units remain two tax lots unless condo amendment to the offering plan is filed which is rare unless sponsor sold them as combined and filed an amendment.

While this article is from 2010 and things may have changed since then, the attorney quoted says otherwise:
https://cooperator.com/article/combining-apartment/full
Berger says, “If you’re in a condominium you are amending the certificate of occupancy. You also have to change the declaration [the official record of the owners' rights and duties pursuant to receiving title to the condominium] for the building. A client of mine is doing this for the first time, and it’s really been a very long process for him. He’s now getting to the final end of it and he’s happy he’s done it.”

This more recent Streeteasy blog post obviously gets the wording wrong but also implies a filing is necessary/not unusual:
https://streeteasy.com/blog/combining-apartments-nyc-what-to-know-is-it-difficult-duplex-triplex/
Franz reminds us that there is a difference between combinations in co-ops and condos. Co-ops tend to be simpler; with condos, you have to file with the Attorney General’s office to amend the tax law. “This can introduce more consultants and time,” Michale Franz says.

Thirdly:
https://metropolisny.com/2019/01/simple-process-combining-apartments-not-simple-condominiums/

This is the most relevant info from the third link.
To provide homeowner relief from the onerous CO system, the DOB changed policy in 1997. Technical Policy and Procedure Notice (TPPN) #3/97 allowed apartment combinations to be filed as Alteration Type 2 applications. COs were no longer required to close out the filings. Filing conditions under this TPPN were pretty straightforward and simple."

Tax lots for condos can remain separate for sure for a combined unit. There is no need to file an amendment to the offering plan. Let us just say I know more than a good (not necessarily top) real estate lawyer on this.

After accounting for likely typo of "law" instead of "lot", this statement is incorrect.

"Franz reminds us that there is a difference between combinations in co-ops and condos. Co-ops tend to be simpler; with condos, you have to file with the Attorney General’s office to amend the tax law. “This can introduce more consultants and time,” Michale Franz says."

My apartment is a condo combination from 20 years ago, and there are two others in our small building, all done at least 20 years ago. The C of Os were amended to reflect the combinations, but the declaration has not been amended. The tax lots remain separate. When I had a mortgage, the lien was on both units. The only issue that ever has arisen with the separate units is that, back when the STAR exemption did not have income limits, the city would routinely refuse to give the exemption on both lots because only one "property" can be your primary residence.

What bothers me more is the fact that this apartment supposedly went into contract twice, one in 2018 and once several months ago. Each time it appeared back on the market for sale but not for several months after the contract date. Grave concerns here.

Why do not you bid and find out the issues?

I only see one contract in the history 04/19/2018.

Think Wish is just trying to make a good deal on this apartment.

Well there is that hefty monthly assessment ($705) through the end of 2022 for changing the white brick to brown!

What is not showing here is that it also went into contract about six or seven months ago, before I managed to get in to see it. Then all of a sudden, just now it went back on the market. This is the same scenario as last time- supposedly in contract and then reappearing for sale after a good number of months. No, I am not trying to make a "good deal" on this apartment. The price is not the issue for me. Its history of supposed sales followed by actually NOT being sold is the problem.

This is the history for the apartment from another listing I bookmarked. This one shows the contract in 2019. The history differs from one to the other, and there is another one which doesn't show either contract!
12/09/2019 Off market temporarily $2,950,000
07/18/2019 Listing entered contract $2,950,000
06/11/2019 Listed by Compass $2,950,000
03/12/2019 Douglas Elliman Listing is no longer available on StreetEasy Last priced at $2,995,000 $2,995,000
09/28/2017 Previously Listed by Douglas Elliman $3,450,000
09/11/2017 Halstead Real Estate Listing is no longer available on StreetEasy Last priced at $3,750,000 $3,750,000
03/20/2017 Previously Listed by Halstead Real Estate $4,150,000

I would LOVE to find out the issues, but I don't think they are going to be given freely. I do not want to take a chance on selling here, going to contract there, and then finding out I have no place to go and having to settle for something else at the last minute. A conundrum.

If your bid is credible, the selling broker will tell you. I would even ask to speak to the former person who went into contract as a condition of starting the contract process.

Good luck with that. I doubt the seller's broker will be honest and they would never give the name of a previous "buyer".

300_mercer, are you kidding?

He must be.

I am serious. You do not know until you try. Naturally it will depend on your bid amount, financials, and credibility. If they do not tell you, do not start the contract process