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Lease fraud

Discussion in 'Commercial Landlord & Tenant Issues' started by tosborne, Jun 21, 2014.

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  1. tosborne

    tosborne Law Topic Starter New Member

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    I was looking to move my business to a better and bigger location. I came across a reality company and called.They suggested a property that would work for me so I looked at it. I liked it and they drew up a one page lease agreement for me which was good so I signed and the property owner signed. Three months later the town came and put a violation notice on my building as well as a stop work order. I went to the town and they informed me that the reality company as well as the property owner were advised that there was no CO(certificate of occupancy) on the building(which is new) it had expired almost two years ago, no one is supposed to be in it. There were multiple site and building violations that have not been rectified and when rectified the property is not zoned for the particular business I engage in. ALL KNOWN WHILE THEY WERE DRAWING UP THE PAPERWORK!! Now I spent a lot of money and time moving my business only to be shut down. I have also had my business insurance terminated because of this as well as my business licenses with the state. What kind of legal recourse do I have.
     
  2. army judge

    army judge Super Moderator

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    NY is a caveat emptor state, insofar as this law is concerned.
    But, there is some wiggle room.
    If I were you, I'd first discuss this with the controlling authority (the village, city, county, or state).

    Eventually, you'll require an attorney to lead this effort for you.
    Again, I'm not sure, but I believe your attorney's fees can be reimbursed (should you prevail) in court.
    I know that any NY state licensed attorney could advise you better.
    It might behoove you to see an attorney first. I would!

    I suggest you discuss this with your attorney, or find an attorney that can advise you.

    As I understand the law in NY state, it is controlled by each city, and administered by the state.

    Hence, some cities have a more stringent law that the state requires.

    Here is the NY state law:

    http://codes.lp.findlaw.com/nycode/ADC/28/1/118

    http://www.dos.ny.gov/DCEA/pdf/Part1202.pdf

    For instance, Rochester and NY City each have their version of the CoO law:

    http://www.cityofrochester.gov/article.aspx?id=8589935004

    http://www.nyc.gov/html/dob/html/development/certificates.shtml

    A general overview:

    http://www.google.com/url?sa=t&rct=...=RRZWNUxqlupJi_7RP26rGA&bvm=bv.69411363,d.cWc
     
    tosborne likes this.

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