Settlement in Dispute Over a Condo's Size
The Times follows up on a story about a feud that began four years ago, when buyers who went into contract for a unit at 110 Livingston Street claimed that its living area was smaller than had been advertised. The result of this grudge match: “[Buyer] Mr. Bhandari, who is a lawyer, had asked for…
The Times follows up on a story about a feud that began four years ago, when buyers who went into contract for a unit at 110 Livingston Street claimed that its living area was smaller than had been advertised. The result of this grudge match: “[Buyer] Mr. Bhandari, who is a lawyer, had asked for a discount at closing, but the developer, Two Trees Management, declined, saying that according to the purchase contract, Mr. Bhandari’s only option if he disputed the measurements was to back out and get his deposit back. Both sides were so unwilling to compromise that they fought until March 23, the day the case was scheduled for jury selection. That day they agreed that Two Trees would return the Bhandaris’ deposit with interest, or $81,077, and pay the couple an additional $150,000 to terminate the contract. In return, the Bhandaris promised not to buy or rent in a Two Trees building for four years.” Bhandari also walked away from Two Trees’ offer of $20,000 to not disclose the terms of the settlement.
Suit Over 109 Square Feet Ends in a $150,000 Settlement [NY Times]
Stargazer, sometimes I think you’re outta your mind.
“What was it off by an inch or two???? ..Who does this shit?”
Someone with an ounce of ovum or balls – How about that? If a place you just plunked a bunch of money down for, and had planned on being your home, was 10 to 20% SMALLER than it was supposed to be, you’d just roll over? I don’t get you.
And fwiw, I love that this guy wouldn’t take the 20k in hush money. Very nice and relatively principled.
I think it’s admirable that Bhandari turned down $20K in order to be able to disclose the settlement, which may ultimately help put a stop to this sort of misrepresentation. However, I can’t help but wonder whether it would have been prudent to get out a tape measure before signing a contract to purchase the apartment (or ANY apartment).
I have never overstated my size.
Misrepresentation of square footage is fraud. It is grounds for breaking a contract or any other legal pursuit.
I’m impressed that he turned down the $20k for an NDA. The fact than an NDA was worth an additional $20k to Two Trees says to me that they will now be forced to think twice about how they calculate and advertise square footage. And a big LOL at them agreeing to stay away from TT properties for four years!
> the guy sounds like a gold digger.
I prefer to think of him as a consumer advocate. Whatever his actual motives, it seems we all can benefit from a little more truth in matters of size.
if just a gold digger – would have taken the extra $20k and shut up.
The overstatement of apartment size is downright criminal. There is no reason why in a highly regulated business developers should be entitled to sell things that are in fact 10, 20, 30% smaller than advertised. When I looked around at apartments last year there were a number of 800 square foot apartments advertised as 1100, and shady developers trying to get credit for “mezzanines”. We just come to assume and accept that everyone is lying, but why? It should be actionable in civil court and prosecutable in crimnal court. Bhandari did a good thing by making this public. For all the bad press and jokes about lawyers and bankers, there is no group more contemptible in this city than its borkers and developers.
the guy sounds like a gold digger.