cubic square foot / ceiling height

This may be a blessing in disguise for you - IF you want to get out of contract. When I bought there were so many amendments to the offering plan that from the initial offering plan to the offering plan when I closed, that it looked like two separate buildings! If this is the only change then I would feel lucky that it's the only change. But, is the ceiling finished or is it an unfinished ceiling so the developer can claim as much ceiling height as possible?

Nevertheless, I reiterate my first sentence - "This may be a blessing in disguise for you - IF you want to get out of contract." And my god, why are you buying now?

"Cubic square footage" makes no sense.

Cubic feet measures volume. Square feet measures area.

I think Jill24 meant "Cubic Footage"

Jill, that change represents a 17% reduction in the volume of your apartment. I would look at your contract and see if you have any recourse in the event of a material change in the building plans (usually it kicks in after a 5% variance). Your plan might have specific wording about "square footage, views or amenities so check with a lawyer).

I calculate a 5.3% reduction in "volume." Still meaningful.

Topper my bad. It is a 5% variance in volume. 3x3x9.5 vs 3x3x9. Probably set to just squeak under the variance rule.

sorry i did mean cubic footage not cubic square footage!

properservice...unfortunately i signed contract on a new construction last year and am only now closing. absolutely bad timing. i don't know whether to walk or try to get some money from the sponsor to bring the price down.

what would you guys think would be proper monetary compensation for this change? curious....i am tooo confused right now. i think it's a sign to get out.

jill24... ask for some compensation.. like a credit at closing against your purchase price. Depending on the bldg and how much is sold etc they'll be eager to get you to close...

did you do your walkthrough yet? put down all the issues and then see if they're worth asking for some $ from the sponsor.

9 feet is still a good ceiling height but it's not the same as you expected.

Good luck

I think you want to have a serious conversation with a good real estate lawyer. See if this is grounds for being able to get back your deposit.

At the least, ask for a 5% price reduction. See if your lawyer can negotiate something even better. (I think there's a lot to be said for getting professional help here.)

Good luck!

To all:
Maybe I am COMPLETELY out to lunch, but I have never heard of a building not being built to spec. That's what architects are for. Sq ft is the same thing as vertical ft is the same as number of windows etc..This is not scratches and dings and garbage disposals. They are simply not delivering the unit you agreed to purchased. I have never bought new construction in NY, but I have bought 3 others in 2 other states and never came across this. This issue should be fought like a claymation death match, with possibly a complete out of the contract if you choose. This a material change that, I guess, occurred 6months to a year ago during early construction. You should have been informed and agreed to these changes with compensation. GET A GOOD LAWYER!

80sman, So the variance rule allows for X% of dimensional variance? This variance then gives them the ability to cheat you by X% with impunity? Whats your understanding of how that works?

mild 80's: Doesn't the variance need to be filed anyway. At this point aren't you required to be informed?

I would have some serious sit down time with your real estate lawyer you're using about getting your deposit back. After all, this is one main reason for having a real estate lawyer during your largest (possibly) purchase in your entire life.

I agree with patient09, this is not a simple cosmetic change, but a structural change.

thanks everyone for your comments. the amendment to the offering plan was sent to me but nothing was specifically pointed out to me about this ceiling height change and i did not have to sign anything.

also, i think they made an error by sending the amendment to me, which i quickly passed it to my attorney for review. before doing that i did make a copy of a few pages of the amendment for my files and luckily for me, i noticed there was a paragraph that stated the ceiling height was changing due to construction issues.

so, had i not photocopied this page, no one would have told me about it..i don't think my lawyer even noticed! when i did see the apartment a few weeks ago, it is clearly shorter. i just wanted to make sure i wasn't crazy to think i could ask for something in exchange for this discrepency. i am still debating whether to get out or not but not sure if it's worth the headache...would rather get the compensation/reduction in price.

This sounds like a bait-and-switch tactic they planned from the get-go. Has construction started on the building?

mildly, yes. The offering plan is a contract which specifies in which ways the final product may be (will be) different from the model/photos/pictures. Which is why you have a lawyer read it and explain what the builder can (will) do to screw you over. On your walk-through or when you receive an amendment to the plan you usually have the option to get your deposit back if they final product or amendment to the plan violates what you previously agreed to.

lawyer up