Looking for advice regarding getting out of a contract due to fraud/false advertising
Started by BNRN
about 17 years ago
Posts: 7
Member since: Feb 2009
Discussion about
I signed a contract for a new construction condo w verbal promises, sales brochures, and website photographs promising me an unobstructed view of midtown if I bought a high unit in the building. Construction had not yet started at that time so I could go off of was the photographs they showed me and their word. Needless to say when I saw the finished unit, there were three buildings (not new either) blocking my ENTIRE view of midtown. I cant see ANYTHING but these ugly buildings in front of me. The sponsor completely lied about the views and I want my deposit back. Anybody ever have any luck taking a situation like this to the Attorney General? Thoughts?
Response by ManhattanEsq
about 17 years ago
Posts: 3
Member since: Apr 2009
First examine the offering plan to see if there is a potential for alleging more than verbal misrepresentations, especially in the description of the physical condition of the building and neighborhood. What did it set forth about adjacent sites if that is where the view blocking buildings are?
While the plan and the contract may state that you acknowledge that you didn't rely on such marketing material and only on what is the plan,if they inentionally misrepresent somethng to you, you may have grounds against the sponsor or broker.
The mere commencement of the AG complaint, may shake some money loose from the price or shake some of your downpayment loose if you want to negotiate your way out of the deal.
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Response by Slope11217
about 17 years ago
Posts: 233
Member since: Nov 2008
BNRN: "I signed a contract for a new construction condo w verbal promises, sales brochures, and website photographs promising me an unobstructed view of midtown if I bought a high unit in the building."
Didn't you post this identical question a few weeks ago? As I said then, if the obstructing buildings were not new, and you knew which side your apartment was going to be on, then I can't possibly see how you couldn't know that your view would be obstructed. It was not a hidden 'defect' by any means.
In any event, I'd bet that your sales contract contained some kind of clause to the effect that the only promises made to you are contained in the sales contract itself. Everything else is parol evidence.
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Response by jasonkyle
about 17 years ago
Posts: 891
Member since: Sep 2008
i think when he posted this question he did a double post by accident. and then did a third one when no one answered him right away.
First examine the offering plan to see if there is a potential for alleging more than verbal misrepresentations, especially in the description of the physical condition of the building and neighborhood. What did it set forth about adjacent sites if that is where the view blocking buildings are?
While the plan and the contract may state that you acknowledge that you didn't rely on such marketing material and only on what is the plan,if they inentionally misrepresent somethng to you, you may have grounds against the sponsor or broker.
The mere commencement of the AG complaint, may shake some money loose from the price or shake some of your downpayment loose if you want to negotiate your way out of the deal.
BNRN: "I signed a contract for a new construction condo w verbal promises, sales brochures, and website photographs promising me an unobstructed view of midtown if I bought a high unit in the building."
Didn't you post this identical question a few weeks ago? As I said then, if the obstructing buildings were not new, and you knew which side your apartment was going to be on, then I can't possibly see how you couldn't know that your view would be obstructed. It was not a hidden 'defect' by any means.
In any event, I'd bet that your sales contract contained some kind of clause to the effect that the only promises made to you are contained in the sales contract itself. Everything else is parol evidence.
i think when he posted this question he did a double post by accident. and then did a third one when no one answered him right away.