Misrepresention of Offering Plan

[peezee]

What is the name of your state? NY

After my condo closing last week, I realized that the floor plan of my condo is different from what is drawn on the offering plan and the floor plan I was given by the sales rep (when I first viewed the apartment). It is a 380 sqf studio. The difference is at one corner, which has an extra column which formed part of my neighbour`s livable space. The square footage taken away from me is about 5 sq ft. My neighbour below who is supposed to have the same floor plan do not have this problem. Do I have any recourse regarding this? Can I "claim" back the area?

[IndianaOwner]

Aaaaaaahhhh, no. I would bet that there is some provision for minor deviations from the floor plan. I understand 5 sq. ft. is not small givn the small size of your condo...maybe the builder will throw in a perk for you???

[You Are Guilty]

Was the column there when you first viewed the unit?

However, being that it's post closing, any potential legal remedy is going to cost far more than the lost area does.

[Paddy Reagan]

I'm trying to visualize how this corner must look and why it was taken from your living space and given to your neighbor.

The difference is at one corner, which has an extra column which formed part of my neighbour`s livable space. The square footage taken away from me is about 5 sq ft.

My initial thought was that a load bearing column is inside the wall but, if the unit below has a different configuration, that's not likely. It may be an enclosure to hide plumbing or electrical lines. Have you looked into the neighbor's unit to be sure that your five missing square feet are available as living space?

I agree with those above who suggest that not much can be done to help you retrieve the missing square feet. However, there is another issue you may with to pursue. Compare the square footage listed for your unit in the Declaration of Condominium and compare it to the unit below. If the printed dimensions are the same, some recourse may be available. Your living space is approximately 1.3% smaller than advertised (assuming the declaration and prospectus offered identical dimensions.)

At this point in time, while the developer is likely still involved, it's easy enough for him to correct the documents using an amendment claiming correction of a "scrivener's error."

In the context of the purchase price, such an error probably seems insignificant. However, if your monthly maintenance fees are $300, you'll overpay by about $5 every month for as long as you own the unit. You must decide if the effort to make the change is worth $60 per year.

[peezee]

It's been 2.5 years since I asked the question. Thank you all for the answers above! (long over due thanks!!)

I'm still working on this issue. It is apparently a builder's mistake. My neighbor's apartment is built 1 sq ft (1 by 1) too big which took away 4 sq (2 by 2) of my area. There is no piping or wiring in the column. My neighbor, being very gracious, have agreed to amend it to the original state as in the floor plan. I'm paying first and claiming with the sponsor later. I'm now just waiting for the building management to approve the contractors' work.