The Market

How to interpret the "Special Risks" in new condo's offering plan

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By Teri Karush Rogers  |
November 24, 2010 - 10:39AM

When you're buying new construction, it pays to pay attention to the fine print in the offering plan. But sometimes you also need a translator--particular when perusing the Special Risks section.

We asked real estate lawyer and blogger Ron Gitter to elaborate on the Special Risks section of an offering plan, a topic he touches on in his Condo Buyer's Tool Kit.  What sorts of things are listed as Special Risks--and what do they mean?

Gitter lifted some examples "from a recent Offering Plan that had a total of 50 special risks--14 pages worth:

  • That lending might not be obtainable if at least 35% of the units are sold. Translation: If you sign a cash contract and you can’t get a loan, it’s your problem.
  • As is customary [italics added] in new luxury condominium offerings, the purchaser pays the sponsor’s transfers taxes and attorney’s fees. Translation: In the current economic climate, we hope it’s still customary…
  • No security or bond is posted to secure the sponsor’s obligations under the Offering Plan. Translation: If the sponsor runs into financial problems, it could become the buyers' problem as well.
  • Sponsor has applied for a 421-a tax abatement, but no assurance is given that the abatement will be granted or whether the full abatement will be granted. Translation: Hopefully, taxes will be abated for a period of time, but if the abatement is not granted, sponsor is not liable.
  • No representation is made about who will own the commercial unit and that the commercial unit can be used for any lawful purpose. Translation: Hope for Whole Foods, but it could be McDonald's.





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Teri Karush Rogers

Founder & Publisher

Founder and publisher Teri Karush Rogers launched Brick Underground in 2009. As a freelance journalist, she had previously covered New York City real estate for The New York Times. Teri has been featured as an expert on New York City residential real estate by The New York Times, New York Daily News, amNew York, NBC Nightly News, The Real Deal, Business Insider, the Huffington Post, and NY1 News, among others. Teri earned a BA in journalism and a law degree from New York University.

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