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Shyla Hyde, Both Buyer and Seller in Jamaica Estates, Que...

Gas Line Cut on newly purchased Brownstone. Please Help!

Asked by Shyla Hyde, Jamaica Estates, Queens, NY Sat Mar 3, 2012

Hi..I just purchased a Brownstone in Brookylyn, NY and my contractor cannot complete work in the kitchen nor hook up my washer and dryer, because the gas line was cut. The Development Corp sold me this house knowing that there wasn't any gas lines and somehow hid it so that I could close. Is this legal? They also put up new cabinets with mold behind them. The gas company said they cut the gas line back in 2009, because the property was up for demolition. I was unaware of this as well. They said it will take approx 30 days to pull a permit before they can break the concrete and put in a new line. Can someone please give me any advice about what I can do as well as if a complaint could be filed against the development corp.

Thanks,

Buyer who got hustled

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Answers

7
I would definitely suggest talking to all of the professionals that you'll need to help you with this. You might want to talk to a lawyer and a contractor to see if they can expedite the process in any way for you. You'll definitely want to talk to the development company to see whether or not they can help you in any way. Beyond that, you should just keep working with the people who are going to help you repair the gas line and get rid of the mold behind the cabinets. You definitely can't keep living in the house if that's going to be a problem you have to deal with.
http://primeairemoldinspections.com
0 votes Thank Flag Link Thu Feb 18, 2016
Did you use a Realtor or an Attorney to purchase? If it was a Realtor you should have in hand a sales contract. Look it over carefully It must disclose that the gas situation, they may have worded it in a trickey manner and you can hold them to the contract, if its not on there you can sue, contact your Realtor, they may settle out of court. If the case is you used an attorney you will have a harder time and they may say that they didn't even know it was cut unless you can find out if they were notified via the gas company..which state that they are cutting the line due to the laws requirements..thus so far, I have not been able to find such a law, good luck regardless.
0 votes Thank Flag Link Sun Jan 24, 2016
Sorry about the situation but if the Development Corp knew of this issue and did not disclose it, you do have grounds to sue. At the time of the showing every Realtor is bound by the Dept of State for full disclosure. If they missed it at showing, they have another opportunity at the closing table.

My advice? Find yourself a very hungry and capable lawyer and sue the pants off of them!!
0 votes Thank Flag Link Sun Mar 4, 2012
Shyla... When you purchased the property did you have the property inspected by a home inspector and he missed it you may have legal recourse against the Inspector. Your attorney should have included the option for you to have the property inspected prior to closing, an inspection is not mandatory but very strongly recommended in purchasing a property.
There is no legal requirement for anyone to disclose that your gas lines are lacking. You are put in the position of buyer beware after you had closed. The seller has a choice of either disclosing the defiency or signing a Property Condition Disclosure Form . If your attorney failed to properly represent you then you have recourse against him. If you wish a copy of the form so you can look and see if you have seen it , my email is tymsavers@aol.com.
Your situation willl require a licensed plumber who will be able to apply for the proper permits and install the gas lines as required. Some construction will be needed and depending on the extent you may also need other permits and lead test... Good Luck to you and contact me if you need any information... George Home Inspector
0 votes Thank Flag Link Sat Mar 3, 2012
You really need to consult with an attorney, if yours is unwilling to help, contact others...
0 votes Thank Flag Link Sat Mar 3, 2012
Thank you Mitchell. My attorney said there's nothing that she can do as it is now out of her hands. It seems I have to find out information on my own. I'm even thinking about filing a law suit against the Development Corp. I can't move into my home until the work is completed (which will take 30 days to just pull the permit).
0 votes Thank Flag Link Sat Mar 3, 2012
Dear Shyla:

You need to speak to your attorney as soon as possible. You may even want to consult with a different attorney in case the attorney who represented you during the deal made a mistake along the way.

If I can be of further assistance, please let me know. Sorry about what happened to you, that is a very rare occurance for sure. Good luck.

Sincerely,
Mitchell Feldman
Associate Broker
Madison Estates & Properties, Inc.
MitchellSFeldman@aol.com
0 votes Thank Flag Link Sat Mar 3, 2012
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