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- I closed last month a high rise condo built in 2007 with partial city views and moved three weeks back.
- Just last week, construction started - within 60 ft of my building - on a tiny but empty plot that was part of a bigger apartment complex next door.
- The proposed tower will take away all the privacy of my place and hide the views.
- Construction is going to take more than a year and I have to put up with the noisee, dust and pollution.
- once the tower is up, i have to have my shades down (floor to ceiling glass!) all the time because the other apartments will be 60 feet away.
My RE agent was shocked to know this and said that the listing agent had not disclosed it. (I believe her.)
Now, I understand that buyers have to be beware of all empty plots nearby because they could at any time open up to construction.
However, had I known at the time of viewing that this construction is going to start the next month, I wouldn't have purchased this condo.
In fact, contract has a clause that says 'No written notice has been received concerning an application by an owner of property within 200 ft of the subject premises to the Planning Board or Zoning Board of Adjustment of the municipality seeking a variance approval or subdivision approval of any nature."
I spoke to an attorney and he thinks I should sue the seller but not the listing agency because listing agent can disclose only what was provided to him.
Before I go that path, I have a few queries:
(1) Am I right that I should have been notified of this proposed construction?
(2) any suggestions on the options that I have (other than to keep quiet and suffer)?
(3) Assuming suing based on the above clause is the only way to get some kind of a compensation, what if the construction company had submitted the application (and received approval) even before the seller purchased this condo in 2007? Seller can then claim that he never received such notice.
My opinion is only that, but I expect as you said:
"No written notice has been received concerning an application by an owner of property within 200 ft of the subject premises to the Planning Board or Zoning Board of Adjustment of the municipality seeking a variance approval or subdivision approval of any nature."
I expect the zoning/whatever was in place for the next door high rise building long before you bought. As far as verbals/shock from a real estate agent....ha ha ha ha ha
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,304,764 times
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I would think that this part is in play
'No written notice has been received concerning an application by an owner of property within 200 ft of the subject premises to the Planning Board or Zoning Board of Adjustment of the municipality seeking a variance approval or subdivision approval of any nature." Is the entrance to your building more than 200' from the construction? Might be a reason no notice was delivered.
I would think that is some sort of local ordinance requiring disclosure. Did the owner receive notice? Might be likely, but hard to prove. Did the local authority actually fail to provide notice? Maybe. It would be interesting to see what liability they might have to third parties.
Your question number 1. You likely weren't the owner when notices would have had to be delivered.
#2. You might develop a taste for exhibitionism. Sorry, it was too easy to suggest.
- I closed last month a high rise condo built in 2007 with partial city views and moved three weeks back.
- Just last week, construction started - within 60 ft of my building - on a tiny but empty plot that was part of a bigger apartment complex next door.
- The proposed tower will take away all the privacy of my place and hide the views.
- Construction is going to take more than a year and I have to put up with the noisee, dust and pollution.
- once the tower is up, i have to have my shades down (floor to ceiling glass!) all the time because the other apartments will be 60 feet away.
My RE agent was shocked to know this and said that the listing agent had not disclosed it. (I believe her.)
Now, I understand that buyers have to be beware of all empty plots nearby because they could at any time open up to construction.
However, had I known at the time of viewing that this construction is going to start the next month, I wouldn't have purchased this condo.
In fact, contract has a clause that says 'No written notice has been received concerning an application by an owner of property within 200 ft of the subject premises to the Planning Board or Zoning Board of Adjustment of the municipality seeking a variance approval or subdivision approval of any nature."
I spoke to an attorney and he thinks I should sue the seller but not the listing agency because listing agent can disclose only what was provided to him.
Before I go that path, I have a few queries:
(1) Am I right that I should have been notified of this proposed construction?
(2) any suggestions on the options that I have (other than to keep quiet and suffer)?
(3) Assuming suing based on the above clause is the only way to get some kind of a compensation, what if the construction company had submitted the application (and received approval) even before the seller purchased this condo in 2007? Seller can then claim that he never received such notice.
Would appreciate all feedback.
Thanks,
"(1) Am I right that I should have been notified of this proposed construction?"
If it's not a subdivision and the construction didn't require a variance, probably not.
"(2) any suggestions on the options that I have (other than to keep quiet and suffer)?"
No. Caveat emptor. You should have checked out the possibility of this happening. I am aware of no laws that would require your broker or the seller's broker to notify anyone. You can also apply this to (3). Based upon the information you've presented, I don't think you have a case.
I expect the zoning/whatever was in place for the next door high rise building long before you bought. As far as verbals/shock from a real estate agent....ha ha ha ha ha
Thanks and yup, that is what I found now after I did more research. Fuming!!
Quote:
Originally Posted by DMenscha
I would think that this part is in play
'No written notice has been received concerning an application by an owner of property within 200 ft of the subject premises to the Planning Board or Zoning Board of Adjustment of the municipality seeking a variance approval or subdivision approval of any nature."
Is the entrance to your building more than 200' from the construction? Might be a reason no notice was delivered.
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Thanks. Building entrance will be about 75 ft from the construction.
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I would think that is some sort of local ordinance requiring disclosure. Did the owner receive notice? Might be likely, but hard to prove. Did the local authority actually fail to provide notice? Maybe. It would be interesting to see what liability they might have to third parties.
Your question number 1. You likely weren't the owner when notices would have had to be delivered.
#2. You might develop a taste for exhibitionism. Sorry, it was too easy to suggest.
Ha-hah!
Quote:
Originally Posted by ETex2
"(1) Am I right that I should have been notified of this proposed construction?"
If it's not a subdivision and the construction didn't require a variance, probably not.
"(2) any suggestions on the options that I have (other than to keep quiet and suffer)?"
No. Caveat emptor. You should have checked out the possibility of this happening. I am aware of no laws that would require your broker or the seller's broker to notify anyone. You can also apply this to (3). Based upon the information you've presented, I don't think you have a case.
Thanks. I was fearing that much.
Fury I have is that I thought I was a very careful investor who finally decided to buy my first residence and yet got blindsided even before the I made the first mortgage payment.
I am prepared for the financial hit but the misery of now forced to live thru the noise and dirt for the next 2 years instead of enjoying the otherwise beautiful layout is making me more mad.
And once the tower is up and rented out, all my privacy is gone.
I have no idea if this is possible or if it is how much money it would cost, but can you possibly replace your windows with something that lets you see out, but doesn't let others see in? Some kind of one way windows?
I have no idea if this is possible or if it is how much money it would cost, but can you possibly replace your windows with something that lets you see out, but doesn't let others see in? Some kind of one way windows?
Yes, it is possible and that's a great idea to follow-up. Thanks! :-)
Current glasses have tints on them that reduce the glare of the sunlight but once the lights are up, it is easy to see inside.
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I just heard that the local city council scheduled a hearing for that construction on April 17th. Not sure what that means because I read that the property owners already had permission to build on this tiny lot. Plus, the cranes have already commenced drilling deep holes presumbaly to set up the foundation. So, not sure what this hearing can do.
I also think it may be worth pursuing legal action. I would think it would be relatively easy to figure out who got notice and who didn't. If it turns out the seller did then it sounds like you have a case.
I also think it may be worth pursuing legal action. I would think it would be relatively easy to figure out who got notice and who didn't. If it turns out the seller did then it sounds like you have a case.
I was hoping for that but my research indicates that the builder had already obtained permission long ago, probably even before my building was built in 2007.
So, the seller probably did not receive any notice (but in all probablity got a tip on the spring construction because the price got dropped significantly in Dec when I viewed it and he dropped it even further when I negotiated. He had already moved to FL by then and my realtor assumed he just wanted to get out of it).
It begs an interesting question as to whether the builders of my building disclosed the fact to the owners. I think they had not idea because they designed the entire north side (which faces the new construction) with full glass.
I was hoping for that but my research indicates that the builder had already obtained permission long ago, probably even before my building was built in 2007.
This is what I was going to say. Building projects are often approved many, many years in advance. I know some out here were approved 10 years ago. So I wouldn't think that clause would apply because it is possible that the owner of the unit had no idea.
I have to diss your agent here. Blank lots beg to be looked up and confirm what they are zoned and plans associated with the lots. It's one phone call to the city out here to ask. That is basic client service, IMO. At minimum, they should have told you to call the city and find out the plans for the lot next door.
I was going to suggest different windows if the condo allows it, or silhouette blinds by Hunter Douglas.
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