Legal Question in Real Estate Law in New York
should i appeal this decision?
i am a condominium owner in condo office bldg--offered right of first refusal for contiguous office space--bldg owner signs contract for me to purchase--cashes my deposit check--finds a better deal and returns my deposit--again offers right of first refusal to me to assume new lease--landlord realizes according to bylaws that as sponsor does not have to offer right of first refusal to me--we sue for summary judgement since we want the space--judge rules against me stating right of first refusal did not exist--ignores existence of signed contract and cashed check!! should i proceed with appeal and how much will this cost?
2 Answers from Attorneys
Re: should i appeal this decision?
I think you should appeal if you are willing to spend the money to get a GOOD real estate/contracts/litigation attorney.
It will cost you, and, there are no guarantees.
Re: should i appeal this decision?
While it could be argued that the mistaken belief of the right of first refusal negated the contract (possibly the finding of the original court), it seems unusual that the judge would void the contract. There was a contract, or at least a valid offer to match the original bidder, which was conveyed to you as as an offer, accepted by you and consideration paid and accepted, plus a written contract. Either the original contract or yours should have been binding. I suggest you take the appeal, although I do not know what is would cost, as you should have or should get an attorney to represent you on the appeal.
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