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After the buyer passed the interview, as a seller, I was required to have an "exit inspection." The super flagged two things that had previously been approved in a post renovation inspection. One "violation" would require me to remove a middle kitchen cabinet because the fuse box is fully accessible but is behind a cabinet door. The other violation stated I was missing an emergency shut. After hiring a plumber, I discovered it was already there. After demonstrating that no other building on my street requires these inspections, 3 supers of other buildings said the cabinet "violation" was "stupid," the renovations had been approved, and that the "fix" would deem the apartment unsellable, I was given the option of informing the buyers that the cabinets were a code violation and they would need to assume the risks or the managing agent would not sign off on the sale. The buyers walked.
Although the information for sellers states the inspection is required, it says nothing about what is done with the information and how the results can stop a sale. Additionally, other information my managing agent provides related to apartment sales includes a page with IMPORTANT on top of the page and informs the buyers of the inspection. It then advises them to ask for a copy because they will assume responsibility for any violations that remain unfixed.
So even though it was the buyer's responsibility to inquire about the inspection, I was told by the board's lawyer that I had to provide the information, unasked. I have already bought a new home and moved. Can I hold the board and managing agent responsible for not following their own rules and costing me my sale? I will now need to relist the apartment (at a time when fewer people are shopping), stage the apartment (since it's vacant), and continue paying maintenance fees until it sells.
Please advise.
Thanks. The buyers have returned to the table with the understanding that I have very little time to resolve the situation, so my attorney (who is not a litigator) is trying to negotiate with the building's attorney. She has never seen anything like this. Most knowledgeable people (supers, board members in and out of my building) with knowledge of, but no control over, the "violation" say it's a non issue and the board and agency should just approve the sale. In addition to submitting photos and history, I pulled up all codes related to the situation and it looks like I'm 100% in compliance. My lawyer has submitted this as further support. Unfortunately, even though the board president agrees it seems "silly" she defers to the building attorney. The building attorney wants to add additional protections for fear of a lawsuit from the buyer (despite the fact that they make clear the onus is on the buyer). It seems like they created rules without knowing the law and empowered a super who is power hungry and also ignorant of the codes. Instead of backing down, they are creating hoops I need to jump through. So, I'd appreciate any and all advice in the event that this deal does fall through.
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I'm not an attorney so keep in mind the price to paid to hear this.
You say that you were told that inspection is required. The first thing I thought of is what did YOUR attorney have to say about all this? I assume he knew about these inspections after you found out about them.
If the Board's attorney said that you had to provide the information unasked, my first order of business would be to ask MY attorney if it's true and what happens next.
I think you need to speak to your attorney to find out if:
1) Everything you've been told is true
2) Do you have any legal grounds to hold the Board and managing agent responsible?
Good luck and let us know how it turns out.
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