CoopAndCondo.com - Addressing the realities of Residential Real Estate

From the Law Office of Ronald H. Gitter, Esq.

September 4, 2010

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  • How To Avoid a Board Turn Down

    Getting turned down by a co-op board feels worse than root canal without Novocain. How do you make sure it doesn't happen to you?

  • If You're Buying a Co-op

    A co-op looks like real estate, acts like real estate, but for the owner of a cooperative unit, it really isn’t real estate. What exactly is a co-op?

  • Board Package Red Flags

    Here's a list of Board package red flags that must be carefully considered...

  • The Board Package

    Here's the Skinny on the Board Package...

  • The Proprietary Lease

    The proprietary lease governs the relationship between the unit owner and the co-op. Do you know what's in it?

  • Co-ops 1.0

    What exactly are you getting yourself into when you purchase a cooperative apartment?

  • The Great Co-op Secret

    The co-op owner has a secret weapon that can be used when health, safety or serious quality of life issues arise that impact a co-op or a particular apartment. Do you know what it is?

  • Where's the Stock and Lease?

    Without these two items, a co-op closing will not take place. Do you know what they are?

  • The Cooperative Difference

    There is one significant advantage of a co-op over a condo. Do you know what it is?

  • A New "Tax" For Co-ops

    The New York State legislature was considering a new fee on co-op financing. What was decided?

  • Lien On Me

    When you buy a co-op, how can you be sure that you are not inheriting an undisclosed liability or lien...Or can you be sure...

  • The Fifteen Minute Co-op Closing

    THE FIFTEEN MINUTE CO-OP CLOSING: Five suggestions to reduce the time spent around the closing table...

  • Paying Sponsor Closing Costs No Longer a Given

    Buyers are always surprised by the closing costs of the sponsor that are passed along to the buyer. Does a Buyer always have to pay those costs?

  • If You're Buying a Condo

    Unlike a cooperative apartment, a condominium unit is real estate and is no different from purchasing a free-standing house. In what other ways does a condo differ from a co-op?

  • Buying From a Sponsor--The Basics

    Sponsor sales are quite different from purchasing an apartment from an individual owner. Here's what every buyer should know before buying an apartment from a sponsor...

  • Life's Not Fair--More About Purchasing From a Sponsor

    MEASURE TWICE, CUT ONCE: What to Know When Purchasing From a Sponsor

  • The Punch List

    When purchasing a newly constructed condo from a Sponsor, when is the construction deemed completed and the buyer obligated to close on the purchase of the apartment?

  • A Checklist for Renting Your Condo

    If you own a condo and intend to rent it out, do you know how to protect your investment?

  • The Condo Advantage

    Many people prefer owning a condominium over a cooperative apartment. Do you know why?

  • What Exactly is Title Insurance?

    When you buy a co-op or condo, how can you be sure that you are not inheriting a financial problem that the seller has failed to disclose...Or can you be sure?

  • The Board of Managers

    The condo board has less control over the sale and leasing of apartments. Is that good or bad?

  • The Condo Kicks In

    A cautionary tale for co-ops or just the unintended consequences of a financial meltdown?

  • How To Handle The Walk Through

    If the circumstances don't require the assistance of an architect, engineer or contractor to accompany you during the walk through, here are a few suggestions as to what to look for during your pre-closing inspection...

  • The New Normal

    In the Woody Allen movie “Manhattan”, the character Isaac Davis, contemplating a lost love, observes, “The heart is a resilient muscle.” As I stretch to apply the concept to the real estate market, I think we can agree that Manhattan is, in fact, resilient.

  • Choosing a Broker

    For most of us, working with a broker is the time tested way of finding the right apartment. But who does the broker really represent?

  • The Application Process

    After the contract is signed, the buyer must submit a purchase application to the Board through the managing agent, which is a company employed by the cooperative or condominium to take care of the day-to-day affairs of the building. What should you expect?

  • Obtaining Financing

    Buyers usually start looking for a loan before they have even signed the contract. In today's world of tight credit, it's not possible to start the financing process to soon...

  • The Closing--Time to Wrap Things Up

    It's time to schedule the closing. What should be done in advance of the closing, to make sure things go smoothly at the settlement table?

  • Give Due Diligence It's Due: Investigating Before Signing the Contract

    FINISH YOUR DUE DILIGENCE: It's good for you.

  • What To Do When Your Apartment is Possessed

    What happens when the Seller wants to stay in the apartment you're buying after the closing? How does post-closing possession by the seller actually work?

  • Entering Into the Contract of Sale

    Unlike other states where the contract of sale is negotiated for purchaser and seller by the real estate brokers, in New York, the contract of sale is negotiated by the attorneys. Do you know the issues that should be addressed in a residential contract of sale?

  • The Skinny on Closing Costs

    In addition to a significant price tag on your average Manhattan apartment, as my dad would say, everybody’s got their hand out. Do you know the costs that will be incurred when you buy or sell your apartment?

  • Closing Disasters and How to Avoid Them

    Sometimes, no matter how hard everyone tries, things can go wrong. Here are some closing table problems and how they got solved.

  • Houston, We've Got a Problem

    A lack of attention to detail can cause your closing to be delayed by days or weeks. How do you avoid problems from arising at the closing table?

  • More About Pre-Closing Inspections

    It's the day before your closing and you're inspecting the apartment. Do you know what to look for?

  • The Managing Agent

    The managing agent is the ultimate gatekeeper between you and your co-op or condo. What's their role in the governance process?

  • Love Hurts

    When you own a co-op or condo with a spouse or a significant other, what happens to the apartment when the relationship ends?

  • The Zen of Renovation

    Here are ten suggestions to raise the quality of your apartment renovation to a higher level...

  • What Happens When A Party Defaults?

    Sometimes the buyer or the seller is unable or simply refuses to close. What actually happens when a party defaults under a contract?

  • Have You Hugged Your Contractor Today?

    Renovating an apartment can be a challenge. What can you do to avoid problems with your architect or contractor?

  • Who Can You Turn To?

    The day-to-day affairs of your cooperative or condominium are handled by the Managing Agent. What do you do if you have a problem?

  • Hey Nineteen

    How do you find out the most current information about the apartment you intend to buy and the cooperative or condominum in which it's located?

  • What to Expect from CoopandCondo.com

    HOW TO READ A MENU: You know that feeling when you’re at a restaurant, and the waiter leans down to table height and asks if you’ve been there before, and proceeds to tell you how the menu “works”, and you’re thinking, it’s a restaurant, I order food…

  • How to Avoid a Bad Building--Part I

    You’re ready to make an offer on an apartment, but are there financial or physical problems lurking in the recesses of the building that could be costly to the unit owners?

  • A New "Tax" For Co-ops

    The New York State legislature was considering a new fee on co-op financing. What was decided?

  • Banks Get Funky

    When you think “funk”, you think “Brick House” by the Commodores. But today, it’s banks that are getting funky, at least when it comes to issuing loan commitments. And things don’t seem to be getting any better.

  • About the Publisher

    Who is Ron Gitter and what is coopandcondo.com all about?

  • Hey Seller, Freeze!

    If the seller has a line of credit, how does the purchaser know that the seller's borrowing rights have been terminated?

  • A Day in the Life...of a Loan

    A CAUTIONARY TALE: The twists and turns when a young couple tries to obtain financing...

  • Taking Your Building's Financial Temperature

    You're about to make an offer on an apartment. Do you know whether or not the co-op or condo is financially healthy?

  • My Favorite Things

    ASKED AND ANSWERED: I just posted my 100th question and answer. Here are five of my favorites...

  • The Twenty Year Rule

    THE TWENTY YEAR RULE: Learning to Just Let Go...

  • Reading the Tea Leaves: How the Minutes Reveal a Building's DNA

    READING THE TEA LEAVES: What the minutes can tell us about a co-op or condo...

  • Links I Like

    An ever-expanding list of my favorite places to visit on the Web...

  • Selecting an Attorney

    Choosing an attorney is not like buying a toaster. You don't necessarily get the same product at a lower price...

  • The Due Diligence Short List

    There's no such thing as too much due diligence when purchasing an apartment. Here's the skinny on ten important issues that should be reviewed...

  • Seven Steps to Heaven: From Contract to Closing

    SEVEN STEPS TO HEAVEN: What to expect once the offer is accepted...

  • Defensive Buying

    DEFENSIVE BUYING: 7 Questions to Ask Before It's Too Late...

  • You Don't Wanna Do That

    YOU DON'T WANNA DO THAT: Five Things that Purchasers and Owners Should Avoid

  • Party Like It's 1997

    For some homeowners, the "American Dream" has turned into a nightmare. A few thoughts on where the economy's rollercoaster ride is actually taking us...

  • You're Not in Kansas Anymore

    YOU'RE NOT IN KANSAS ANYMORE: What Out-of-State and Foreign Buyers Need to Know

  • RESPA REDUX: What You Don't Know Can Kill Your Closing

    RESPA REDUX: What You Don't Know Can Kill Your Closing

  • What's the Big?

    WHAT'S THE BIG? Albany has banned short term rentals...but does it matter?

  • Can Facebook Save Real Estate?

    CAN FACEBOOK SAVE REAL ESTATE? What a car wash homepage can tell us about consumer confidence…

  • Up on the Roof

    UP ON THE ROOF: Important issues to consider when purchasing an apartment with a terrace or deck...

  • ILSA: Not the Name of a Hurricane

    A 40-year old statute wreaks havoc, as developers in New York battle buyer's remorse...

  • Is a Pre-Contract Inspection Necessary?

    Although a pre-contract inspection is not necessary for every co-op or condo transaction, under the right circumstances, it can make a great deal of sense. Here's what you should know...

Simplifying the complexities of Cooperative and Condominium transactions in New York City

Residential Realities

Gitter

Welcome to CoopandCondo.com. A site dedicated to addressing the realities of residential real estate.

BROKERS AND BOARD PACKAGES: Can the buyer just say no to the broker's prior review of the Board package? read more...

Asked and Answered

Q

I don’t smoke, but the smell of smoke is wafting into my apartment from my neighbor. Is there anything that can be done to remedy this condition?

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I’m selling my co-op tomorrow and my bank attorney has not yet received the stock certificate and proprietary lease from my bank. Will the closing have to be adjourned?

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The seller has indicated that there was a leak in the bathroom from the apartment above that has been repaired in all respects? Can I rely on seller’s representation to that effect in the contact?

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My mortgage lender has informed me that the cooperative in which I am purchasing an apartment has inadequate insurance coverage and has requested that the co-op increase its coverage to meet the bank’s new minimum requirements. Can the bank withdraw its underwriting due to a lack of insurance coverage by the co-op?

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The commitment letter included a condition that my loan was subject to a “second review” by the investor to whom the loan will be sold. Has my commitment letter been issued?

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Can I purchase my coop in the name of a trust?

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Can I allow the seller to remain in possession after closing?

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There’s a repair needed in the apartment that the Seller promises to remedy after the closing. Is that a good idea?

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Do I care who the bank attorneys are?

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Do I have to go to the closing?

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One of the conditions in my loan commitment states that the monthly maintenance cannot increase by more than five percent? Is that a problem?

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Can I have a roommate after I purchase my co-op apartment?

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Can I undertake renovations before the Closing?

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Do I need a home owner’s insurance policy for my apartment at the time of my closing?

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Should I let the broker do the walk through?

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Once I get a loan commitment, is my loan approved?

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When it comes to purchasing an apartment, what exactly is due diligence?

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Do I have to let the maintenance people in to fix a building system?

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Does my dog have to be interviewed by the Board?

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Is buying an apartment in a small building a good idea or a bad idea?

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Can I fudge on my numbers in my financial package to the Board?

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Should I use a mortgage broker or should I go direct to a bank?

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Should I have the apartment inspected before I sign the contract?

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Do I Really Have to Give the Board My Tax Returns?

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I am purchasing an apartment with extensive landscaping on the terrace. Can the co-op or condo make me remove landscaping that was existing at the time of my purchase?

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Q

I have an opportunity to buy a garage space, but the sponsor is calling the arrangement a “license” rather than a “purchase”. Does that matter?

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Q

We are considering an apartment that will require us to move the bathroom to another location in the apartment. Is such a move possible?

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Q

The seller’s bank can’t locate the stock and lease for the co-op closing. Can we still close?

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The broker told me that I can adjourn the closing for 30 days? Is that correct?

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Q

The Offering Plan for my condo indicates that the apartment has a “lot line” window. Is that a problem?

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My dog bit someone in the lobby and I have been notified that if it happens again, my dog will have to go. Does the Board have the power to restrict me from having a pet?

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There is an unobstructed view from the apartment I am considering, but there is a vacant lot directly in front of that side of the building. Is that reason for concern?

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The Managing Agent called and it looks like my finances will not be sufficient to get Board approval. Is there anything I can do?

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The managing agent has had our application to purchase a cooperative apartment for three weeks and nothing has happened. Is there anything we can do to move things forward?

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Q

We are considering an apartment in a co-op where the sponsor still owns units. Is that a problem?

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Q

The seller’s apartment presently has a storage unit. Does the storage unit transfer with the apartment?

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We’re closing in three weeks, but our lease is up next week. Can we move in before the closing?

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I just did the walk through on the purchase of a sponsor unit and we have an extensive punch list. Will the punch list be completed by the time of closing?

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I’m buying an apartment from a sponsor and the Offering Plan requires me to pay the sponsor’s transfer taxes and attorneys fees. Do I have to?

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Q

The purchase price of my apartment is over $1,000,000.00. Is the transaction subject to the “mansion tax"?

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Q

I’m selling my apartment, but I’m not a resident of New York State. Are there any special closing costs?

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Q

We did the walk through and the apartment was filthy. The contract required the apartment to be “broom clean”. Can we complain at the closing?

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I have to sell my apartment in order to afford the new one I’d like to buy. Can the contract be contingent on the sale of my existing apartment?

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Q

I’m a famous person (no, I really am) and I really don’t want my financial information given to eight strangers on a co-op Board. Is there a way to avoid that?

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Q

I’m the executor of the estate of a deceased shareholder. Do I have to go to the closing?

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Q

I just graduated law school and have a job with a large law firm. I have a significant salary, but no liquidity or significant assets. Will I be able to buy a co-op?

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The listing indicates that the apartment has “roof rights”. How can I be sure?

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Q

When buying a condo, is it worth the time and effort to get an assignment of the seller’s mortgage?

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Q

The Seller removed an expensive chandelier right before Closing. Is that permitted?

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Q

My husband and I found an apartment we love, but there’s a bidding war. Should we participate?

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Q

We love the apartment, but the building has bad financials. Should we go ahead?

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Q

We are buying a condo, but we have a delayed closing as the seller has a tenant in place for the next six months. We will be able to retain our loan commitment for an extended period of time?

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Q

Should my husband and I take title as tenants by the entirety, tenants in common or as joint tenants?

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Q

When a gay couple buys the shares of a cooperative or buys a condominium apartment, what is the best way to hold title?

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Q

I have not been able to make my co-op mortgage payment for the past three months. If the bank declares my loan in default, how long will it take before the bank forecloses on my apartment?

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Q

A co-op owner asks: I have found that maintenance is usually higher in coops than in condos because of the contribution by the shareholders to the building's underlying mortgage payments. In condos, the unit owners only pay for real estate taxes and common charges for common areas. Will the monthly maintenance be reduced after the underlying mortgage has been fully amortized?

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Q

Can a corporation or other business entity own the shares of a cooperative apartment?

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Q

I’m buying an apartment in a building designated as a “landmark.” Should I be concerned?

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Q

I am buying a co-op that needs major renovations. The super has offered to do the work at a significant discount. Is that a good idea?

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Q

We just submitted the Board package and we realize that we neglected to disclose a lawsuit against my husband’s company, in which my husband is named as a defendant? The lawsuit is covered by insurance and my husband is indemnified from liability by his employer. Should we notify the managing agent and amend the purchase application?

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Q

We are negotiating the contract and we just found out that there is a substantial assessment that will go into effect the month that we close on the purchase. Should the assessment be deducted from the purchase price at closing?

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Q

The bank attorney was two hours late to the closing. Was that my attorney’s fault?

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Q

I’m buying a cooperative apartment in Manhattan, but I move out to the Hamptons from June to the end of September each year. Will I be able to sublet the apartment each year when I’m away?

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Q

I just got the purchase application package and it's twenty pages long. Should my broker be helping me with organizing the required documents?

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Q

It’s the day before the closing and I just found out that the maintenance for the apartment is higher than the maintenance stated in the contract. Is that grounds to terminate the contract?

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Q

The financials for the condo are more than a year out of date and there is a delay issuing the new financials. Should I be concerned?

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Q

The contract requires “official bank funds” in the form of certified or official bank checks. Can I bring “official" checks from my brokerage account?

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Q

My parents want to buy me an apartment while I’m in graduate school in Manhattan. Will a co-op allow me to purchase the apartment, if my parents are co-owners?

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Q

I obtained sole ownership of my condo in my divorce, but the deed for the apartment is still in both of our names. Will my ex-spouse’s cooperation be required when I’m ready to sell the apartment?

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Q

I just found out I have to pay a fee to have my mortgage recorded. Is that right?

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Q

I am buying an apartment in a small building and I just found out that the elevator is being renovated and will be out of service for three months. Do I have to close if the elevators will not be operational on the closing date?

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Q

My husband and I own a co-op and we would like to transfer the shares to an irrevocable trust that we recently created for estate planning purposes. Will our cooperative allow us to make that transfer?

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Q

The seller is a foreign citizen and does not have a social security number. Does that prevent the seller from selling the apartment?

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Q

An “assessment” was imposed by the co-op Board after the contract was signed. Is payment of the assessment the seller’s responsibility?

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Q

There is a leak in my apartment and the Resident Manager is not being responsive. Should I call the Board president?

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Q

I just bought an apartment and I am only refinishing the floors and repainting. Do I need the consent of the Board before I get started?

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Q

The co-op I’m interested in is pet friendly and I have a dog. Is there any chance the Board could approve my application without approving my pet?

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Q

We purchased our apartment in January, but our first mortgage payment is not due until March 1st. Why isn't the first payment due February 1st?

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Q

I’m buying an apartment from a sponsor and the contract does not provide for a “mortgage contingency”. Is that a provision that I can negotiate into the contract?

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Q

I am buying an apartment from a sponsor and the contract provides for the buyer to pay the sponsor’s transfer taxes and legal fees? Is that normal?

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Q

I'm buying a condo and my attorney just ordered the "title report". What's a title report?

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Q

There is a leak in my apartment and the Resident Manager is not being responsive. Should I call the Board president?

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Q

My boyfriend and I are interested in buying our first apartment in a new construction condominium. Our mortgage broker tells us we should qualify for a 90% loan, but it will be a close call for the bank. The sponsor wants us to sign a “no contingency” contract. Is that a good idea?

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Q

We are considering a condo purchase in a new development that is only 25 percent sold. There is a bank that has approved the project and will make the loan, but should we be concerned about the number of units that the sponsor still has to sell?

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Q

We are buying an apartment that has been extensively renovated. Among other things, the size of the master bath was significantly increased. Can we rely on a representation in the contract that all required approvals were obtained from both the Cooperative Corporation and from the New York City Department of Buildings?

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Q

We received a draft of the contract of sale for the cooperative apartment we are buying and our social security numbers are on the front page! Our attorney told us that we will have to provide our identification numbers to the managing agent for a credit check as a part of the Board package, so it’s not a big deal. Do we have to list our socials on the contract?

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Q

The listing stated that the apartment was 1,100 square feet, but the appraisal measured the apartment at 900 square feet. Can we cancel the contract and get our money back?

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Q

I'm about to pay off my co-op loan. What evidence will I have from the bank that the loan has actually been paid off?

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Q

I am considering an apartment in a new construction condominium. There is park under development by New York City that will greatly enhance the value of the condominium when it’s completed. Although the sponsor’s salesperson indicated that the first phase of the park will be completed in the next year or so, the Offering Plan contains a “Special Risk” that states that the sponsor gives no assurance as to when, if ever, the park will be completed. Who and what should I believe?

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Q

We are in negotiations to purchase a co-op apartment on the Upper East Side. Our lawyer reviewed the minutes and discovered that the building has a bedbug infestation. Should we go forward with our purchase?

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Q

My purchase application was approved by the co-op Board, but it is conditioned upon my providing a maintenance deposit and guaranty by my parents. Do I have to comply with the conditions?

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Q

At my closing, I had to reimburse the Seller for his New York State “STAR” rebate that appeared on the maintenance statement for the month following the Closing. What exactly is the STAR rebate and will I be able to obtain the rebate as well?

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Q

I'm selling my co-op next month and my attorney aked me to "freeze" the line of credit I have with my bank. What exactly do I have to do?

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Q

I just found out that the seller will be unable to close for an additional two weeks. As a result, I will have to extend my rate lock, at a cost of $1,200.00. Is the seller obligated to reimburse this cost?

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Q

I am buying a new construction condo and the Offering Plan is over 400 pages. Do I need to read the entire Offering Plan?

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Q

We ran across a co-op that has a few “sponsor owned” apartments for sale. Is there any advantage in buying one of the remaining sponsor apartments?

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Q

I am about to make an offer on an apartment, but I have not been provided with the current financial statements for the co-op. Am I entitled to review the financials before I make my offer?

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Q

We are selling our apartment to our neighbor, but our neighbor can’t afford to purchase our apartment unless she sells her apartment. Her lawyer wants the contract to provide that the purchase of our apartment is contingent upon the sale of her apartment. Our lawyer is advising us against including a provision that makes the transaction contingent on the sale of the buyer’s apartment. Should we go along with the contingency?

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Q

We are selling our co-op and the buyer is not obtaining a mortgage in connection with the purchase. The contract required the Board package to be submitted within 10 business days after the fully-executed contract was returned to the buyer. The buyer is two weeks late in submitting the package. Is the buyer in default?

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Q

I’m selling my condo and I have not been able to pay my common charges for the past six months (I lost my job). I have a buyer for the apartment, but the Board of Managers will not release the Waiver of the Right of First Refusal, unless I pay the outstanding balance of the common charges. I’m between a rock and a hard place, as I don’t have the money. What should I do?

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Q

I am combining two adjacent apartments that I own and I want the co-op to issue one stock certificate for both apartments. There is an outstanding UCC lien against one of the apartments. The other apartment is owned free of any liens. Can the co-op object to the combination?

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Q

My attorney asked me to contact the managing agent to verify the maintenance and assessment information that's disclosed in the contract for the apartment I intend to purchase. Isn't that my attorney's job?

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Q

Our application to purchase a co-op was turned down by the Board without an interview. Although our attorney asked the managing agent to disclose the reasons for the Board’s decision, none were given. Can the Board just turn our application down without any explanation?

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Q

My bank issued a loan commitment, but then withdrew its underwriting because private mortgage insurance was not available. Will I have a problem canceling the contract and getting my deposit back?

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Q

I’ve been asked to serve on the Board of my co-op. Could I be held liable if the co-op is a party to a law suit?

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Q

I am buying a co-op in Manhattan. The managing agent is located in Brooklyn and refuses to send a closing representative to the attorney’s office for the buyer or seller located in Manhattan. Will everyone have to go to Brooklyn for the closing?

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Q

We are purchasing a condo that was occupied by a tenant at the time the contract was executed. We just did the walk through and there is damage to a portion of the floor that was hidden by the tenant’s furniture. Are we entitled to a repair credit at Closing?

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Q

A loan commitment was issued, but the bank requested an explanation for a $14.00 missed credit card payment that occurred nine years ago. Could the bank withdraw its commitment as a result of this missed payment?

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