Advice on getting deposit back due to fraud/false advertising by the sponsor

" I know the contracts always state that 'views arent guaranteed' but a contract cannot protect someone if their is fraud involved. "

Actually, I think it can. Whatever they told you verbally was superseded by the written contract you signed. Brokers/salespeople lie all the time and get away with it if not in the contract.

Why did you start a second thread on this? There are several good comments on your original thread.

See this website:
http://no-condo.com/

I can't vouch for the lawyer; maybe you'll get some ideas. Hopefully you still have the sales brochures and website photographs. Good luck.

I hear ya (modern) BUT tell that to the guys at AIG that just lost their contracts ... these times are different, hopefully in real estate too .. i would think.

And yes I still have to photographs and sales brochures ... its at the AG right now so we'll see.

BNRN: "Needless to say when I saw the finished unit, there were three buildings (not new either) blocking my ENTIRE view of midtown."

How did you miss those buildings before? I mean, 3 large buildings are kind of hard to miss.

LOL.

I have to assume the guy thought the apartment would clear them / not face them. Also, position on the lot of the building is not always clear.

Are we talking brooklyn, btw?

The AG is not going to break your contract BNRN. I don't care what happened at AIG. That's a totally different category. As far as the photos you have, were you specifically promised the photos would be what your view would look like IN WRITING? Or were the photos simply stock photos?

Fraud in the inducement of a contract renders it void, as if it had not been made. There are a number of reasons why this buyer might possibly not have to perform on the contract. I don't know enough of the particulars to decide that question and, frankly, neither does anyone else here.

There's an interesting case in The Icky Borough along these lines that is proceeding through NYS Supreme Court right now. It is a complicated situation in which the seller is suing the buyers, developer, contractor, brokers, mortgage bank and their attorneys for fraud in the inducement of the sale. Although the seller got a lis pendens on the house in anticipation of a possible judgment, the buyers and broker tried to sell it secretly to get out of the lawsuit. They were caught out by the community and the judge told them if they sold the house, they would have to put a million dollars in an escrow account until the case is finished. This particular broker routinely goes before the administrative hearing tribunal at the NYS Dept of State. Still no license revocation, but the fines he pays are keeping NYS solvent.

test

I have photographs from the website, sales brochure, emails stating that i wouldnt buy unless they would guarantee me the views shown, and addl photos the sponsor provided me AFTER i strongly questioned the views they showed me. I was looking at a unit in the middle of the building and decided that it was too low to see OVER the buildings 5 blocks in front of me (i also didnt know where my unit would fall on the block bc ground wasnt broken yet). The sponsor panicked and said they would make a 'special' release of the same unit on the top floor below the penthouse which wasnt on the mkt yet ... they told me if i bot that unit (11 floors higher and 500k addish) then i would be guaranteed the views that they advertised. So i did. It looked to me like i would be higher than the 3 ugly subsidised buildings that concerned me but it was impossible for me to be 100% sure. It is now at the AGs office where they have my affidavit and my brokers affidavit stating that we were 1) suckered into buying a higher floor, more $$ unit, and 2) lied to. If the unit one floor below the penthouse doesnt have EVEN CLOSE to the views they 'promise or advertise' then how can that not be outright fraud? i'm 1 floor below and i'm missing 90% of midtown whereas the sales brochures show 100% of midtown.

Good luck; you may have a case but also a hard row to hoe. Let us know what happens as things progress.