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June 11, 2009

1094 Park Place

Well here's the update: (scroll down for link to photo gallery)

We BOUGHT IT, or at least we thought we did....
Here's a short version of a two+ month very long story:

We first saw the property in February and were not totally sold on it, but we warmed up to it.
We made an offer, $800k. The owners countered $950k, no contingencies; close in 30 days, all cash. The agent, Kathryn Lilly* at Prudential Douglas Ellerman, http://www.prudentialelliman.com/mainsite/agents/agents.aspx?BID=KAL told us they had another offer of $950k, so we had to meet that number, as the owners "really wanted to sell to us over the other buyers”.

Still not convinced the house was worth the price, we decided to get an inspection. Everything seemed ok, so with a few more rounds of inspections, we finally agreed to $950k.

Due to the owners request to have a no contingency contract we ended up getting a general inspection, a structural inspection, a historical conservator evaluation of the exterior, a formal site survey and a title report (basically everything normally done AFTER a contract is signed) to assure ourselves we could sign with NO contingencies.

We agreed that the building, while it had flaws was ok to buy and was right for us, yeah!
We reviewed their contract with our lawyer and her comment to us was that it was written as though this was a "foreclosed" property. After consulting with the seller’s attorney, he agreed to strike or change certain parts of the contract; this was the end of April.

All said and done, we agreed, signed their P&S, put a deposit in escrow, signed with an agent to sell our houses and started packing. Two days later we got a call from our lawyer saying that they NOW have a higher offer and would like to know RIGHT NOW how high we are willing to go. Well, given what we knew about the property and the sellers…we decided to stick to our $950k…and just like that we lost the house.

We called Kathryn and the first words out of her mouth over were, snidely, “sorry you lost the house – the sellers signed with somebody else…too bad ” so much for HER representing BOTH parties in this real estate transaction.

We were/are devastated – we spent almost everyday since February 9th working out the details of moving into that house, only to have the rug pulled out from under us, without any opportunity to find out what happened – it is reported that "we were exceeding difficult to deal with".

Our lawyer put it this way simply: The contract did not provide us with a clear and marketable title and she couldn't let us close without that at any price and have a good conscience about it.

Here's what we do know, and can only hope that the new buyers do as well:

>>There is no way that the house is 3900 sq ft…unless it includes the basement and that is even a stretch.
>>The rear wood deck is built to the property line, which is typically not legal in NY.
>>The deck support posts were not properly isolated from the ground/dirt.
>>The kitchen extension roof overhangs the neighbor’s property 16", which is a potential liability down the road.
>>All of the eves NEED to be re-painted within a year (there is already rot showing)
>>Even though it was re-pointed “recently”, key spots were missed
>>Painting and Pointing this structure is going to cost a fortune…just for the scaffolding.
>>There is some concern of spalling and cracking of lintels and brownstone sections.
>>Gutters are not pitched properly and fill with water

Windows:
__“NEW” wood windows are missing paint on the EXTERIOR and were never properly prepared and painted on the inside.
__Original wood windows need IMMEDIATE attention as the exterior wood is exposed
__Many windows do not close properly (Actually almost all the non-original windows need replacement)
__Most of the “stained” glass windows have paint all over them and need restoration.

>>The Paint job inside and out is just AWFUL, with paint on most windows & tile work
__2nd floor transom windows were painted shut (WHY?)
__The entire exterior is covered in paint splatter
__Interior doors were painted without scraping/prepping
__Seems the house was painted quickly and not supervised after the owners moved out

>>The roof has broken tiles
>>There is/was water in the basement
>>The basement walls are fully enclosed trapping moisture/staying wet, watch for mold.
>>The basement heat pump does not work
>>The radiators are potentially undersized for the house
>>There is no visible sewer vent at the street connection
>>The roof top plumbing vents are less than 6 feet from windows (one is under an eve & 12" from a bedroom window)
>>The back yard is a swamp after the rain as it does not drain properly
>>Moldings were not mitered properly, if at all
>>The front gate does not open in cold weather (the bricks rise up, probably due to bad drainage)
>>Building is not insulated or in any way energy efficient
>>EVERY SUNDAY the church services next door PERMIATE the building - there is NO escape! (We had already decided to have Gospel Bruch on Sundays)
AND
>>The title was not clear!

This list does not even cover the BAD design decisions of the palatial master bath suite, which looks great in the photos, but the reality is, if someone is on the toilet, you literally can’t get in/out of the shower, not to mention, that you’re basically “on display” (in a small house/bath, ok, but for a million?) And just putting nice appliances in the kitchen does not make it an enjoyable space.

All we can think is that perhaps a developer bought the property and doesn't care about any of these issues because they will take it down...we certainly hope this is not the case.

What doesn't make sense to us is that the Kathryn Lilly told us that they wanted to sell it to us, I assume because they thought we’d do right for the house, but the effort that we put into doing right for the house made us too difficult to deal with?!?!?!?
Anyway, we have decided that it’s probably best not to hear ALLELUIA! Every Sunday for the next 10 years!

You can see MANY detailed photos here from our five visits to the house:
http://www.flickr.com/photos/38879481@N03/
(we have even more images, but flicker limits free accounts to 200...)

We hope that the new owners find love in the house….As from our perspective, it seems to be cursed….

S and B

*As far as we are concerned, Kathryn Lilly is the epitome of the slimy agent. She actually yelled at us one afternoon, saying that we were not trying hard enough to buy the house, despite the fact that we were waiting for information from the sellers at that point! Not to mention unprofessional emails and comments…AVOID HER!

PPS> The house is no longer going to be landmarked, so if the Crown Heights North Association is concerned, they might want to watch this property closely, it is in contract, and we’re not sure who is buying it…..

June 30, 2008

Accessible units for Brownstone?

Need some help here with the Building code.
Working on a full renovation of an existing 2-family brownstone with the first floor 7 steps above the sidewalk.
According to the architect even though we are keeping the front entry vestibule (with 34" wide door) and the apartment entry doors at 34" we are required to meet all of the requirements for an Accessible Unit (Section BC 1107)
Which basically includes a handicap size toilet and SUPER wide hallways.
Not to mention 36" wide doors for the bathrooms and bedrooms.
This code change apparently goes into effect tomorrow (July 1st, 2008).

Does this make sense to anyone else?
Is this true and if so, doesn't it make a residence feel more like an institution - or at least like a cavern?
With Space at a premium here, it seems to me that the code should be relative to the environment.
We are also currently being evaluated for landmark, which would make adding a ramp to the front a conflict of interests. Not that we would be required to add this at the time of renovation, but if the apartment is supposed to be accessible, then the intent would be that it could be added, even if it means destroying the 100 year old front vestibule….

Any thoughts here?

Author's Comments

So this is kind of out of the blue...but I just met the new owners and I can say that I feel they do not have any intention of taking the place down - which is good.

Apparently they tried to contact us to remove the photos of the property, which was done although not by us.

During the meeting I apologized for the lack of respect we may have shown to the new owners in our original post with the photos and any problems they might have had due to the attention they received from our comment about them taking the building down.

We had an interesting conversation that lasted over an hour and while we certainly have very different opinions, we agreed on one very important thing - that Kathryn Lilly is pretty much "scum".

I also learned that while it took us 12 weeks, they worked for 8 months to get the property, wading through the mountains of lies she told.

I hope they enjoy the property for years to come.

Posted by: whyrl at July 20, 2009 3:26 PM in response to 1094 Park Place

We could go on for ages about this.
There are more layers of detail than we care to recall.

JIB:
I offered all of this information because I know that so many people were interested in the house. And prospective buyers should read posts like this so they know about all stuff involved.

As for our "not being right for brooklyn" we already own two brownstones, (only 1200 feet from 1094) and we understand completely what we were getting into. I have been in Brooklyn for 15+ years now.

As for the P&S. When they made the counter offer with no contingencies, our lawyer clarified with their lawyer that the title would be clear. But then they came back to us that they wanted us to raise our offer and they were not going to clear the title.

As for Katherine not representing the buyers, we know that.
BUT it seems odd that if she wants to get the highest sale price for her SELLERS, then we should have been told, make an offer higher than X. We were not given that opportunity.
JUST raise the offer - and no clear title?

We had also done EXTENSIVE research about the owners and it just seemed like there was no POSITIVE information out there about them, so when the title "wouldn't be cleared", we didn't really want to take the risk. One indication was that one of the sellers was a real estate attorney who was "dis-barred" (left voluntarily) due to getting caught in something. (note- never met them, only gleaned from internet documents)

We also know that most of the issues were solve-able. BUT at what price?

It is a beautiful house and in hindsight - its been a good thing.

We also don't understand who would have signed a no-contingency contract for a building at close to a million in that neighborhood.

dt: It might be a little bit of sour grapes. We worked for 12 weeks to feel confident in a no contingency sale. We worked hard to know how much work would need to be done to respect the property. We researched, studied and ultimately lost because the Agent was a *%&@!. We also demonstrated that we had the best intentions for the house. Isn't that what you would want if you had a semi-historic property?
And wouldn't you have asked us to meet/beat the price?
Which based on the fact that my mom had just sold her house and would have helped us.

Anyway - enough said - enjoy the photos!

Posted by: whyrl at June 12, 2009 2:36 PM in response to 1094 Park Place

Update:

Its probably all for the best, we're currently looking at starting an organic farm in CT - at half the price and Twice the relaxation!

S and B

Posted by: whyrl at June 11, 2009 5:23 PM in response to 1094 Park Place

See our update in this post:

http://www.brownstoner.com/forum/archives/2009/06/1094_park_place_1.php

Posted by: whyrl at June 11, 2009 5:22 PM in response to 1094 Park Place

Does anyone know if Climbing Hydrangea pose the same risk to the wall? Or is it ok?
We currently have one that just bloomed for the first time, in its 5th year, which is growing on our front fence, but headed toward the house..
I'd love to let it grow up there...

Posted by: whyrl at May 22, 2009 11:17 AM in response to Is Ivy on Facade Okay?

Low Voltage is really not that hard to deal with.
Just think of it as 120 volt, don't short out the wires and everything should be fine.
I am actually surprised that a Tiella system doesn't already have an electronic transformer in it? And if it is an electronic transformer it should have automatic protection on the low voltage side. It is my understanding that most of the systems out there of this nature (not specified by a lighting designer or specially ordered) are under a 105 watts total, which allows for (5) 20 watt lamps.

So if the current system uses an electronic transformer and you are getting breaker trips, I would suspect the transformer before fixtures. If its a magnetic transformer then it could be passing the short back to the 120 volt side, but that would a pretty serious short.

If it is fairly new, then you might even try calling them directly to get a replacement transformer.

My only other comment is if you are using a dimmer to make sure that it matches the transformer. They make dimmers specifically for magnetic and specifically for electronic transformers. A mis-match can burn out either the dimmer or transformers pre-maturely.

As for replacing the transformer, its a pretty easy thing to do. match up the 120 black & white wires and then match up the low voltage wires, which are usually the same color because the polarity doesn't matter.

Good luck.

a Lighting Designer.

Posted by: whyrl at April 18, 2009 3:14 AM in response to Electirican: low volt. lighting

Our neighbor just had roof work done by them, and they started using torch down APP material. I called and spoke to them and he insisted that they "use this all the time" and even tried to justify it, despite it being illegal in NYC.
It wasn't until I asked if I called 311 what would they say and he said they would say "no" that he finally quoted the job with a "cold apply" material.

No matter how good the reviews of a contractor, seems you can never trust anyone.

Will have to let you know what happens after they finish with the proper materials.

Posted by: whyrl at February 17, 2009 10:27 AM in response to Has anyone used BROOKLYN'S BEST ROOFING before?

So, it seems that if we are a 2-family, then we should not have to meet the guidelines?

What is not clear is that if everything is new, then we might....

Its just a problem because, as 4:37 posts "considerable expense" is a BIG problem.

We started at $150k and now we are close to $250k - and we were planning on re-using all of the original doors, but if we have to meet code then we lose all of that "value".

It also means that because we don't have the space in the current design we have to re-develop the entire floor plan. an additional 6 to 8" on the doors really wreaks havoc with hallways and the design in general.

Its also a gray area because we are keeping the primary load bearing wall thru the middle of the house, but we are replacing all the plaster and lath, so is that new or old?
the current doors in that wall are 30".
Same goes for the entry doors to the apartments, they are 34" and because of the stairs and the load bearing wall, we don't have even 2" more unless we are going to rebuild the entire load bearing wall - hence the costs just explode...

Anyway - we hope that because we are 2-family it will become moot once we figure out how this applies to our situation.

And thank you to those of you who live in adaptable spaces, and its nice to know that bathrooms and hallways feel spacious, but I would counter that I would rather have room in my bedroom to sit in chair - its much more comfortable than a huge hallway and bathroom - but this an opinion.

Posted by: whyrl at July 2, 2008 4:05 PM in response to Accessible units for Brownstone?

Responses to Author's Forum Comments

you are so lucky, that you get rid of the house. BTW, you always can print out your post and stick into the mail box to the new owner. :)

Posted by: bobjohn at June 11, 2009 9:56 PM in response to 1094 Park Place

People need to understand that the listing agent WORKS FOR THE SELLER and the seller only. Many of them misrepresent & lie. Seems this one may have.

If your lawyer told you that there were title problems that were insurmountable then you walk away. It's unclear. What did your lawyer advise when the broker said they were accepting a higher offr after you both (?) signed the P&S? I assume that the seller did not sign the P&S and therefore you still didn't actually have a deal yet.

I assume you got your escrow money back.

Posted by: daveinbedstuy at June 12, 2009 7:52 AM in response to 1094 Park Place

Seems Kathryn Lilly is no longer with the firm.

Posted by: daveinbedstuy at June 12, 2009 8:55 AM in response to 1094 Park Place

This type of treatment by the sellers' broker is exactly why the Brooklyn model of real estate (almost all sellers' brokers, almost no buyers' brokers) is messed up.

What were the title issues exactly? And why were you willing to sign the P&S with those title issues outstanding (or were they resolved by the final draft of the contract)?

Posted by: Boerumresident at June 12, 2009 11:03 AM in response to 1094 Park Place

No contract is binding until it is signed by both parties. The owner got a higher offer before they were locked in, so they went for it. Anyone else would do the same. Your need to draw everyone's attention to all the negatives of the house appears to be sour grapes.

Posted by: dt at June 12, 2009 11:32 AM in response to 1094 Park Place

official records say 3900sq st....so can't expect seller/realtor to claim different.
And records also show did close for $960k.
When trying to buy-- did you find out what FAR of the lot is? Maybe lot was more valuable than the house.

Posted by: Petebklyn at June 12, 2009 12:12 PM in response to 1094 Park Place

I'm sorry that this happened to you. Not sure why you did but I'm glad that you did.

Posted by: the chicken at June 12, 2009 12:13 PM in response to 1094 Park Place

If it only closed for 10k more than you had agreed to and the seller jumped ship and went to all that trouble rather than just calling you back and telling you to match it, I'm inclined to think they didn't think it would only be negotiated down to 960k, that they thought they'd end up with much more. I would think they'd want the bird in hand, since it's been on the market for years and through several brokers. Starting the whole process over for that little?

They could very well have sensed that you were hedging, since there's so much about the building you had issues with. Looks like it's best for everyone. Good luck with the farm or whatever your next step is : ) Sounds like that's what Lilly should be moving to!

Posted by: jland at June 12, 2009 12:23 PM in response to 1094 Park Place

totally agree with dt - sour grapes is right.

Posted by: pmmtenement at June 12, 2009 1:00 PM in response to 1094 Park Place