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November 20, 2007
Items missing from condo that are in the offering plan?
I am closing on a condo in a couple of months and I noticed in a recent open house as I went into my unit that their are several items just missing in the condo that are on the offering plan? Like a dishwasher. The cabinets are already in so they are not planning on putting anything in. Their are also inproper models of stated finishes and general construction issues - What is my recourse?
Comments
What kind of construction issues are there? Have you signed a contract yet? If not you can have your attorney put language into the contract for the seller to take care of these issues as a contingency of your closing. Now if the seller agrees to the language is another story. If there is other interest in the apartment, be prepared that the seller might feel that if you don't take it as is, someone else will.
Posted by: guest at November 20, 2007 11:24 AM
This, sadly, is the problem of buying pre-construction. You are agreeing to make the largest purchase of your life without seeing what you are buying. You never know the quality of the construction or that the unit will be finished as promised. On top of which, the developer has been sitting on your 10% down for over a year. You can try complaining to the developer and point out that what is there is not what you expected but you may have a tough time getting them to do anything. Usually the contract has language that says that the unit may not be exactly as promised and they reserve the right to substitute similar appliances, fixtures etc.
Posted by: guest at November 20, 2007 12:20 PM
yes we bought in pre construction but this is not a concept of stuff that is simular but missing all together. Offering plan - dishwasher / condo - no dishwasher (or space to put it). Offering Plan - W&D - Condo no W&D (or space to put them) and so on....
Posted by: guest at November 20, 2007 2:26 PM
Offering plan description is binding. Unless a change has been filed with the AG's office, the developer owes you what's been represented. Contact the attorney general's office and file a complaint.
Posted by: guest at November 20, 2007 2:47 PM
Are you sure that they are not going to install these items? Usually appliances would be the last items to go in, so maybe they are still planning on doing it. You said you close in a few months - that's a long time from now.
They have to deliver whatever is promised in writing. If they don't agree to do or provide exactly what they promised, then I would not go through with the purchase but would reclaim the deposit money.
The scariest thing is that you say there is no room for the d/w or w&d even if you bought them yourself...what's up with that?
Posted by: guest at November 20, 2007 3:03 PM
thanks for your input - something is up with this property - nothing is as it is stated in the offering plan, for most item they are saying it is like kind and quality i.e. sink, but that is debateable. For other items they are not included and they have no plans to put them in at all.
Posted by: guest at November 20, 2007 3:21 PM
I can see how this is disconcerting. Makes you wonder what else they fudged that not as visible as appliances.
Posted by: davester at November 20, 2007 4:23 PM
Run away. Fast. Seriously. I know what it is like to have your heart set on a place and to want to just get it done, but you'll regret it. As someone else said, if they are going so blatantly off the plan with stuff that's easy to see, what did they do where nobody can see?
Amy
Posted by: Anonymous at November 20, 2007 5:24 PM
you can get your money back if the unit does not match the offering plan.
if you really do like this place and want to proceed, do do get an inspector to check out the place. this is money well spent.
after the inspector's comments are given to you, write a list to include those comments and your comments and have the broker give to the sponsor. double check waterproofing, mechanical rooms, venting, electrical, HVAC, the works.
we did make a list and got everything.
after moving in, we were lucky with our board. they got the sponsor to do a ton more work on the general building. in fact, try to meet other buyers now if possible. you can set up a yahoo group or a blog for everybody to write comments.
our brokers hosted a cocktail party pre-closings that interested parties came to as well as the buyers. we met people there, and now, having lived in our building for a year, have formed great relationships we people we actually met that night.
with the market slipping a bit now, you may get it all.
Posted by: guest at November 20, 2007 8:59 PM
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