Upon measuring, the couple finds that the square footage of the apartment is over 100 sq ft smaller than advertised
"Most people view square-foot calculations with the same trust they put in miles-per-gallon stickers and the weight-loss claims of diet pills. But Mr. Bhandari, a lawyer, wanted the price of his apartment reduced by the size of the discrepancy — or by what an appraiser calculated to be about $111,000. The developer refused, offering to return his deposit, $79,500, plus interest, and to let him walk away."The couple sued, claiming the plans were deceptive. Real estate lawyers say it is extremely rare for such disputes to go to trial, but on Monday, that is exactly what will happen when the case of the missing 109 square feet begins in State Supreme Court in Brooklyn.
The couple still wants the apartment, just at a lower price. In addition, they want $330,000 in compensatory damages for wasted legal fees and "loss of use and investment return" from the apartment, as well as any punitive damages the jury might give him.
The apartment owner has countersued the couple, claiming he breached the purchase contract because it granted him only two options in the event of a dispute over the size: close at the agreed-upon price of $795,000 or take back his deposit and walk away
What's going to happen?
No comments:
Post a Comment