Legal Question in Real Estate Law in New York

Can I back out of this contract??

i have a signed contract to purchase a co-op. i have a dog and i was repeatedly told by the sellers and the real estate agent, that even though the building did not allow dogs, that it would be no problem and that all i had to do was ''hide'' the dog for 30 days. however, after i signed the contract i was informed that i had to sign a statement that i would not bring a dog into the building to live. now, there are some dogs in the building, but they were grandfathered in. i can not in good faith sign this statement, as it is not true, and i fear the repercussions of bringing the dog to live in the building, secretly. i need to back out of this contract, as there is no way i would move somewhere without my dog. i also need to know if i would get back my deposit of $5000.

i would so appreciate someone to advise!

thanks


Asked on 4/01/03, 12:23 pm

1 Answer from Attorneys

Lisa Breier Urban Breier Deutschmeister Urban & Fromme

Re: Can I back out of this contract??

Most coop contracts are subject to unconditional board approval. If the dog was disclosed on the contract and the coop is conditioning approval on you not bringing the dog, then the approval is not unconditional. FYI - coop's are usually very strict in enforcing no dog rules. Further, pet law protection can only be beneficial to you, if the dog was "known" (and not hidden) to be living in your apartment for 90 days or more.

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Answered on 4/01/03, 3:09 pm


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