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selling condo but parking space issue in rear

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haruman

Junior Member
What is the name of your state? New York

Trying to sell a condo in Brooklyn that's about 3 years old. However, some of the buyer's lawyers have found out that the parking situation isn't clear.

Supposedly there is confusion about deeded space and assigned space. I believe the condo has assigned space (first come, first serve) since there's mention of any deed to the parking space in my contract.

First basic question: When I close on an apartment, should i get the original condo offering plan or do I get a copy? (or does my lawyer get a copy?)

I arranged for a parking space since my condo didn't originally have one. So for an extra 10,000 a space was assigned to me from one of the units.

There are 5 tenants in this condo, 4 spaces in the back.

Second question:
The buyer's lawyer states that there needs to be a title or deed for the parking spaces located in the rear of the building, is this true? If so, whom can I contact about the parking space title/deeds? Can I ask my condo management to file the necessary papers for NY State?

Third: my current real estate lawyer suggested that I produce a document with everyone signatures stating that the parking spaces in the rear have been appointed to designated units, those owners have been paying common charges since they closed, and that everyone that pays the common charges and that have been assigned a parking space would have exclusive use. Would this document be legal and sufficient to prove to the buyer's attorney that the space is indeed mine to use? And that this won't be a problem in the future when they sell it?

Really need some advice!

Thanks
 


HomeGuru

Senior Member
What is the name of your state? New York

Trying to sell a condo in Brooklyn that's about 3 years old. However, some of the buyer's lawyers have found out that the parking situation isn't clear.

Supposedly there is confusion about deeded space and assigned space. I believe the condo has assigned space (first come, first serve) since there's mention of any deed to the parking space in my contract.

First basic question: When I close on an apartment, should i get the original condo offering plan or do I get a copy? (or does my lawyer get a copy?)

I arranged for a parking space since my condo didn't originally have one. So for an extra 10,000 a space was assigned to me from one of the units.

There are 5 tenants in this condo, 4 spaces in the back.

Second question:
The buyer's lawyer states that there needs to be a title or deed for the parking spaces located in the rear of the building, is this true? If so, whom can I contact about the parking space title/deeds? Can I ask my condo management to file the necessary papers for NY State?

Third: my current real estate lawyer suggested that I produce a document with everyone signatures stating that the parking spaces in the rear have been appointed to designated units, those owners have been paying common charges since they closed, and that everyone that pays the common charges and that have been assigned a parking space would have exclusive use. Would this document be legal and sufficient to prove to the buyer's attorney that the space is indeed mine to use? And that this won't be a problem in the future when they sell it?

Really need some advice!

Thanks

**A: your lawyer needs to review the Declaration and any amendments together with the recorded deeds and follow that.
 

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