Legal Question in Real Estate Law in New York

I have a property for which I have a purchase offer. I allowed the purchaser to take up residence prior to the anticipated closing. There is nothing in the purchase offer binding the purchaser to adhere to the deal, other than any permanent house/property improvements he has made become mine should he back out, with a deadline to close by Oct. 1st 2012 or the deal becomes subject to renegotiation. Now my buyer informs me he does want to back out, due to process waste smells from a neighboring fruit processing facility. Now my issue is not with my purchaser. I believe he is simply exercising options he is allowed to under our contract. He did make significant improvments, and has acknowledged he will surrender them under our contract and vacate my property at my whim. My issue is with the neighboring fruit processing plant. Both my property and the fruit processor's plant are in the same agriculturally zoned district within our township. Do I posssibly have any recourse against the fruit processor for creating an environment that has robbed me of my sale?


Asked on 6/18/12, 10:01 am

1 Answer from Attorneys
Thomas Sirianni The Law Office of Thomas A. Sirianni

Thank you for submitting your question. In order to advise you regarding your issue, I will need more detailed information. Please feel free to give me a call anytime on my cell at 516-314-1343 so that we can discuss the particulars regarding your inquiry.

I look forward to hearing from you.

Tommy A. Sirianni, Esq.

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Answered on 6/18/12, 10:37 am


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