NY Judge rules in favor of developer in Apartment battle? Is this judge crazy????/

Parent Cafe
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<p>Here is the article. Summary…$4.5 million dollar downpayment is lost because buyer did not close on the contract. Reason? No heat or hot water. Judge says apartment was not uninhabitable. Really? For 18 million dollars? You bet your bottom dollar I would want the heat to work. And a hot shower would be a bonus. </p>

<p>[Woman</a> Loses $4.68M Down Payment on NYC Apartment - ABC News](<a href=“http://abcnews.go.com/blogs/business/2012/08/woman-loses-4-68m-down-payment-on-nyc-apartment/]Woman”>Woman Loses $4.68M Down Payment on NYC Apartment - ABC News)</p>

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<p>We are not in a position to judge the judge or his judgement.<br>

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<p>Judges are not gods or saints. And why can’t THEY be judged? Why are they not touchable. This judge was appointed by a President elected by the people. We will never know what the content of the “one-sided” contract said, but real estate contracts ALWAYS favor the seller, but the judge seemed to believe that lack of heat and hot water did not constitute an inhabitable residence. What bothers me the most about the case is this from the New York Post.</p>

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<p>Why in anyone’s name would a judge make a decision on an issue like this one whether she could afford it or not? It has no relevence.</p>

<p>He went on to say the heat and hot water were “punch list items, fixable after closing” WHAT?</p>

<p>Read more: [Millionaire</a> loses nearly $5 million co-op deposit after complaining about lack of closet rods - NYPOST.com](<a href=“Gal out $4.6M for rod rage”>Gal out $4.6M for rod rage)</p>

<p>**She did complain about the closet rods, but that is a headline grabbing issue and not the beef of her complaint.</p>

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<p>As non-structural issues I would consider these very fixable post-closing. You are talking a few thousand in repairs on a nearly $20 million unit. Like your $300K new house needing a light bulb replaced. Sounds more like buyer’s remorse for being over the market today.</p>

<p>"Had she closed in the spring of 2009, even today Campbell would be one of the only owner/residents atop the Mark Hotel.”</p>

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<p>sounds like she made a business decision to back out of the purchase due to a drop in value and a problem property, then tried to cite petty issues to get her deposit back. I’m not shedding any tears for her. </p>

<p><a href=“http://www.nytimes.com/2012/08/21/realestate/buyer-of-co-op-at-mark-hotel-loses-suit-over-4-7-million-deposit.html[/url]”>http://www.nytimes.com/2012/08/21/realestate/buyer-of-co-op-at-mark-hotel-loses-suit-over-4-7-million-deposit.html&lt;/a&gt;&lt;/p&gt;