What do I do if I'm a buyer and the Sponsor is threatening to sue me?
Started by 28inny
over 17 years ago
Posts: 2
Member since: Nov 2008
Discussion about
I am in contract to buy a condo here in the city. The Sponsor just contacted my attorney and said he would sue me for interfering with his business (tortuous interference) if I did not stop talking to the other buyers. I don't know where this came from. I've done nothing to talk other buyers out of their purchase-why would I? That would be shooting myself in the foot. However, I no longer wish to... [more]
I am in contract to buy a condo here in the city. The Sponsor just contacted my attorney and said he would sue me for interfering with his business (tortuous interference) if I did not stop talking to the other buyers. I don't know where this came from. I've done nothing to talk other buyers out of their purchase-why would I? That would be shooting myself in the foot. However, I no longer wish to buy this property since I'm being threatened by the Sponsor. Especially, in this case, where the Sponsor owns a majority of the property. My attorney is not angered at all by this accusation, even though he/she believes I've done nothing wrong. There is no way I can live in this building now, in this hostile environment, but I do not wish to forfeit my deposit either. I know most people will say 'get out of your contract', but I tried that earlier when things were going awry and could not. However, my contract does not state my rights if the Sponsor is threatening to sue me! Any advice on the direction I should take?
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Response by ba294
over 17 years ago
Posts: 636
Member since: Nov 2007
I think you are just trying to find a reason to back out of this contract.
You don't live with the sponsor. Just ignore it.
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Response by 28inny
over 17 years ago
Posts: 2
Member since: Nov 2008
You can say that ba294. But apparently, you did not read the post entirely. I stated that the building remains in the control of the sponsor b/c he/she owns the majority of the units. In this case, I am not living with the sponsor, correct, but it's not as if I make the purchase and never speak to the sponsor again. The sponsor will control all aspects of the building such as budgets, etc. It's not a safe environment to be put into that long-term commitment with someone already making a threat. But thanks for the comment!
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Response by Squid
over 17 years ago
Posts: 1399
Member since: Sep 2008
only your attorney can advise you on this. It is difficult from your post to understand exactly what the issue is. By the way, what's with the he/she thing? Do you not know the gender of your attorney? Really odd...
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Response by ba294
over 17 years ago
Posts: 636
Member since: Nov 2007
28inny,
have the attorney read the contract. If certain # of unit is not sold, you can back out of the contract.
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Response by sticky
over 17 years ago
Posts: 256
Member since: Sep 2008
You got this letter totally out of the blue? Are you talking at all with other potential buyers--even if nothing negative?
Scan the letter, blur out your name/address (they'll do this for you at Kinkos for like $10), upload the scan to Tinypic.com, then link it here. I think it'd be interesting to read.
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Response by malraux
over 17 years ago
Posts: 809
Member since: Dec 2007
1. Give the letter to your attorney.
2. Give your sponsor your attorney's contact information and tell your sponsor that ALL contact going forward MUST be done directly through your attorney. The spomsor has lost its ability to contact you directly.
3. Do whatever your attorney tells you to do.
4. Ignore whatever the sponsor directly tells you or directly threatens in the future.
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Response by mh23
over 17 years ago
Posts: 327
Member since: Dec 2007
This is moronic...You have not committed tortuous interference with contract. You may have breached your sales contract with the sponsor, if you have a clause that obligates you not to speak with other owners about the sponsor, which I doubt. If this really happened, the sponsor contacting your attorney because he is an idiot does not create a hostile environment. However, if you are desperate to get out of your deal, try to float the theory to your attorney, maybe you can scare the sponsor into letting you out of the deal for a smaller penalty than your deposit.
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Response by jsmith9005
over 17 years ago
Posts: 360
Member since: Apr 2007
"Any advice on the direction I should take? "
I agree with Squid - the first order of business is to determine definitively the gender of your attorney.. If you're unable to do this on your own, hire another attorney (preferably one where you're not unsure of his/her gender) to help you.
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Response by sticky
over 17 years ago
Posts: 256
Member since: Sep 2008
Is your attorney Pat ?
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Response by drdrd
over 17 years ago
Posts: 1905
Member since: Apr 2007
He/she refers to the Sponsor, does it not, people? That's how I understood it. (2nd post)
I'd be very cautious about posting on this or any other board & would certainly not post a copy of the letter. 'Loose lips sink ships.' You're already freaked out about this without, potentially, having the Sponsor read your postings here.
Good luck!
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Response by Squid
over 17 years ago
Posts: 1399
Member since: Sep 2008
""He/she refers to the Sponsor, does it not, people? That's how I understood it. (2nd post)""
No. OP also refers to his/her attorney as he/she. Plain strange if you ask me/me.
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Response by julia
over 17 years ago
Posts: 2841
Member since: Feb 2007
Once again Squid you make no sense even when trying to make a point....My point is ask your attorney can you be sued for speaking with other buyers. I would assume buyers speak with each other about the good and the bad in a condo that all the time. It sounds like a scare tactic but anyone can sue for anything. Good luck
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Response by Maraman
over 17 years ago
Posts: 165
Member since: Nov 2008
28inny - Sponsors are very fearful that buyers are going to walk away from deposits. Given the recent price declines and dim prospects, most would be better off walking away. If all the buyers of signed contracts were to get together they may threaten the SPonsor to walk away from all their deposits, he would be in deep financial trouble. That is why he is threatening you. I don't believe that he has any grounds to do anything however, he is just trying to frighten you.
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Response by rudy6
over 17 years ago
Posts: 1
Member since: Nov 2008
Your sponsor sounds like a real SOB. Is the condo on the UWS? Is it a conversion?
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Response by Squid
over 17 years ago
Posts: 1399
Member since: Sep 2008
""Once again Squid you make no sense even when trying to make a point....My point is ask your attorney can you be sued for speaking with other buyers. I would assume buyers speak with each other about the good and the bad in a condo that all the time. It sounds like a scare tactic but anyone can sue for anything. Good luck""
Huh? Where was I 'trying to make a point'? I suggested the OP speak with his attorney as you seem to be doing as well. I also mused at the OP's bizarre gender-vague description of his attorney.
Where exactly is the 'point' that 'makes no sense'?
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Response by anonymous
over 17 years ago
malraux
1 day ago
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1. Give the letter to your attorney.
2. Give your sponsor your attorney's contact information and tell your sponsor that ALL contact going forward MUST be done directly through your attorney. The spomsor has lost its ability to contact you directly.
you are confusing the sponsor with the sponsor's attorney. if both parties are represented by an attorney, then an attorney on one side can not contact the individual/client on the other side directly and must work through the attorney. These are attorney's ethics rules. But the sponsor, without his attorney, can contact the individual on the other side directly if he/she wants.
I think you are just trying to find a reason to back out of this contract.
You don't live with the sponsor. Just ignore it.
You can say that ba294. But apparently, you did not read the post entirely. I stated that the building remains in the control of the sponsor b/c he/she owns the majority of the units. In this case, I am not living with the sponsor, correct, but it's not as if I make the purchase and never speak to the sponsor again. The sponsor will control all aspects of the building such as budgets, etc. It's not a safe environment to be put into that long-term commitment with someone already making a threat. But thanks for the comment!
only your attorney can advise you on this. It is difficult from your post to understand exactly what the issue is. By the way, what's with the he/she thing? Do you not know the gender of your attorney? Really odd...
28inny,
have the attorney read the contract. If certain # of unit is not sold, you can back out of the contract.
You got this letter totally out of the blue? Are you talking at all with other potential buyers--even if nothing negative?
Scan the letter, blur out your name/address (they'll do this for you at Kinkos for like $10), upload the scan to Tinypic.com, then link it here. I think it'd be interesting to read.
1. Give the letter to your attorney.
2. Give your sponsor your attorney's contact information and tell your sponsor that ALL contact going forward MUST be done directly through your attorney. The spomsor has lost its ability to contact you directly.
3. Do whatever your attorney tells you to do.
4. Ignore whatever the sponsor directly tells you or directly threatens in the future.
This is moronic...You have not committed tortuous interference with contract. You may have breached your sales contract with the sponsor, if you have a clause that obligates you not to speak with other owners about the sponsor, which I doubt. If this really happened, the sponsor contacting your attorney because he is an idiot does not create a hostile environment. However, if you are desperate to get out of your deal, try to float the theory to your attorney, maybe you can scare the sponsor into letting you out of the deal for a smaller penalty than your deposit.
"Any advice on the direction I should take? "
I agree with Squid - the first order of business is to determine definitively the gender of your attorney.. If you're unable to do this on your own, hire another attorney (preferably one where you're not unsure of his/her gender) to help you.
Is your attorney Pat ?
He/she refers to the Sponsor, does it not, people? That's how I understood it. (2nd post)
I'd be very cautious about posting on this or any other board & would certainly not post a copy of the letter. 'Loose lips sink ships.' You're already freaked out about this without, potentially, having the Sponsor read your postings here.
Good luck!
""He/she refers to the Sponsor, does it not, people? That's how I understood it. (2nd post)""
No. OP also refers to his/her attorney as he/she. Plain strange if you ask me/me.
Once again Squid you make no sense even when trying to make a point....My point is ask your attorney can you be sued for speaking with other buyers. I would assume buyers speak with each other about the good and the bad in a condo that all the time. It sounds like a scare tactic but anyone can sue for anything. Good luck
28inny - Sponsors are very fearful that buyers are going to walk away from deposits. Given the recent price declines and dim prospects, most would be better off walking away. If all the buyers of signed contracts were to get together they may threaten the SPonsor to walk away from all their deposits, he would be in deep financial trouble. That is why he is threatening you. I don't believe that he has any grounds to do anything however, he is just trying to frighten you.
Your sponsor sounds like a real SOB. Is the condo on the UWS? Is it a conversion?
""Once again Squid you make no sense even when trying to make a point....My point is ask your attorney can you be sued for speaking with other buyers. I would assume buyers speak with each other about the good and the bad in a condo that all the time. It sounds like a scare tactic but anyone can sue for anything. Good luck""
Huh? Where was I 'trying to make a point'? I suggested the OP speak with his attorney as you seem to be doing as well. I also mused at the OP's bizarre gender-vague description of his attorney.
Where exactly is the 'point' that 'makes no sense'?
malraux
1 day ago
ignore this person
report abuse
1. Give the letter to your attorney.
2. Give your sponsor your attorney's contact information and tell your sponsor that ALL contact going forward MUST be done directly through your attorney. The spomsor has lost its ability to contact you directly.
you are confusing the sponsor with the sponsor's attorney. if both parties are represented by an attorney, then an attorney on one side can not contact the individual/client on the other side directly and must work through the attorney. These are attorney's ethics rules. But the sponsor, without his attorney, can contact the individual on the other side directly if he/she wants.