Posted by Ace on April 29, 2001 at 15:24:21:
In Reply to: Re: NYC Stabilized Apt & Broker liability posted by Marisa on April 28, 2001 at 07:54:12:
Unless it's in writing, whatever is "promised" verbally doesn't mean anything -- and it means nothing in court, either. Get everything "promised" in writing BEFORE you move in. Good for you that you got on them about your getting the correct lease -- it sounds like they are going to be sneaky underhanded people (including the Landlord) that you will be having trouble with in the future. Keep on top of your tenant and landlord knowledge. Knowledge is power, my friend. Good luck!
: : If it's rent stabilized, the landlord pays. Period. It doesn't matter what the lease or the super says. A "rider" requiring you to pay for heat or hot water or the landlord's children's bar mitzvah would not be legal and would be unenforceable.
: Thanks - I'm actually heading over there this afternoon to meet the landlord - good to know in advance.
: : I'm not sure what "promises" you're referring to, re the broker. Are you just referring to the heat-hot water stuff?
: The broker issue was a more general question relating in this case to the heat issue, but based as well on previous experiences. We once had a broker sell us an apt based on promises of services - T1 line, washer dryer to be installed in the basement, mini-bodega to be put in on the ground floor selling staples (milk, bread, stamps, etc)-all of which we paid a high asking price for in a non-stabilized building, none of which came true.
: When does the broker become liable to the information he or she uses to make a sale?
: Just curious,M.
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