Looking for advice regarding getting out of a contract due to fraud/false advertising

More power to you. You might like to know that, surprisingly, in this current real estate market where today's prices are usually well below the previously contracted prices that more and more buyers are finding that they were lied to.

If the person who lied to you has a real estate license, you start with the New York State Department of State. You file a complaint and they will send an investigator to interview you and they'll hold a hearing. They have the power to revoke real estate licenses, but they like to keep putting the brokers through the hearing process and fining them over and over again -- more income for the state of New York that way.

If the person who lied to you is not a real estate professional, you can talk to the Attorney General's office, the NYC Consumer Affairs Department and even the District Attorney's fraud department (depending on which borough you are in, some of them don't like to cross the developers and others will do it). If you want to get out of the contract, that may involve lawyers.

That's what I can think of right off the bat. I hope you win.

BNRN, what do you have in writing? If it's just a "he said, she said", GOOD LUCK - perhaps you didn't do sufficient due diligence. If it's in writing, maybe you have a case.

If these items are not in your signed contract it will be difficult to prove them.

That said, a paper trail can go a long way helping your case. Did you keep notes of conversations in which these verbal agreements were made (names, dates, etc)? Do you have copies of the sales brochures and web photos that promise you the unobstructed views? If so, you may just have a strong leg to stand on. Gather up your documents and consult with an attorney.

BNRN,

what PROOF do you have that you were promised an unobstructed view? And by proof, I mean written. Otherwise, it is just "he said, she said" which will get you nowhere.

Too late now, but it's a good idea when thinking of buying an unbuilt condo to calculate the height and exposure of the apartment, walk around the neighborhood to see what's there or could be there to block your view, look at the zoning map, maybe hire a surveyor, etc. Not a lot of hassle for something you're plowing hundreds of thousands of dollars into. (This came up with another poster who bought sight-unseen and was astonished to discover a water tank outside his windows.)

Even if you buy a co-op or a condo that has already been built, you can still lose your view down the road. Linoln Towers is a great example. Their river views got blocked by Trump Place.

or just ballpark it. Take the floor are you buying on; walk outside and count how many stories are on the buildings across the street. If there are 3 that block you, this was a very preventable problem.

alpine, right, and there were probably LT suckers^H^H^H^H^H^H^H buyers 15 years ago who were told by the broker "Oh, not to worry, Trumpville's going nowhere. This river view is permanent." and believed it.

I am just wondering:

1) seriously, I think objective parties will be suspicious about these kinds of claims given the current market collapse, because it might smack of being a contrived, exagerated, fabricated reason to try and get out of what has, surprisingly, become a bad economic deal for the buyer [i am NOT accusing you, just saying I think anyone would be a bit skeptical for this reason, and if you have solid proof that removes this issue then]

2) Folks correct me if I am wrong, but an outright lie by a developer -- putting something in writing especially -- just seems like a stupid business proposition for the developer since it will result in law suit distractions, bad publicity possibly. I can understand sales people fudging the truth a bit about how good the view will be, exagerating how much open view, etc...but to flat out say you will be able to see X when you cannot at all, seems like dumb management by the developer. BUt maybe sales people and developers are both dumb and sleazy and would do this.

yes but this description is very fluffy - "buy a high floor and you will have a great view" - that's your classic inexact description where caveat emptor should apply. What did the buyer do? Pick a floor in the upper half without doing any work to verify? If our buyer were given a more condo-specific guarantee, he would have told us in the OP.