New York State protects buyers from purchasing a sponsor-owned condo or co-op. In this case, the New York State Attorney General regulates the sale of condo and cooperative, via an offering plan. However, since many are unaware of these regulations, it does not provide the full intended benefit.
While your attorney can assist in the matter, you should have the understanding to be a more informed buyer and ask pertinent questions. This area is too important to delegate to others completely.
Table of Contents
What is an Offering Plan?
An offering plan describes the physical characteristics of the building. There are typically several sections, which are similar to each building’s offering plan. These include an intro, a description of the property and improvements, information related to prices, and commercial space.
The Real Estate Finance Bureau reviews offering plans to ensure compliance with the Attorney General’s regulations. Since this can be confusing, we outline the salient points to look for in the plan, which differs for existing and new buildings.
What to Look For When Buying New Construction
When buying new construction, there are special considerations since the work may not be complete when you purchase the unit. It is important to note that the property description section governs what the building and unit will include. The selling agent may promise you that your unit includes a parking space or high-end appliances. He or she may even put it in writing, but if it is not in the offering plan, do not expect the building’s sponsor (i.e., developer) to provide it.
The Attorney General’s Office Provides Specific Guidance
- Appliances/amenities within the unit: This is a significant area of potential contention. A selling agent may promise you high-end appliances, but these might only be available if you pay for an upgrade. The offering plan requires not only the type but must also include the brand name and model numbers.
- Common areas: You should consider all communal areas.
- Recreational facilities: This includes areas such as gyms and pools.
- Frames: The Attorney General’s office notes frames are almost always steel in more significant buildings located in urban areas.
- Façade: Larger buildings in the city are likely to be made of bricks and cement.
- Landscaping: New York City apartment residents may not pay too much attention to this, but if there is landscaping, the number and types of trees/bushes are areas.
What to Look for In a Resale Within an Existing Building
For buyers of units in an existing building or one that is a new development. Under these circumstances, the requirements are less demanding on the sponsor. The sponsor has to hire a professional engineer and uncovered defects. After this, it is in the buyer’s court since the sponsor is not obligated to fix the problems.
Specific problems may not concern you since you are buying a co-op or condo, and feel standard maintenance/common charges cover these. However, these could increase to fund these repairs.
There are steps buyers can take to afford more protection
- Keep in mind, façade defects, upgrading plumbing/electrical, and boilers are expensive fixes.
- Read the board minutes. Will give you color as to the operations of the building.
- Review the financial statements. Doing so reveals the building’s financial condition and whether there is a sufficient reserve to fund significant repairs.
If you uncover problems after purchasing the unit, re-read the offering plan to check if disclosed. In cases where it was not, you should give the sponsor a chance to fix the issue. But, if this is not on a timely basis, you can escalate your complaint to the Attorney General’s office.