You have made the largest purchase of your life to date: a beautiful new construction condominium unit. Prior to purchasing, you researched the best areas in New York City and decided that Queens was the hottest new area.

You wanted in. At first, you were thrilled to be in your new home. Everyone has "ooh'ed and aah'ed" over the appliances, the finishes, and the view.

However, like any love affair, the sheen has quickly worn off. You realize that the proverbial warts you are now seeing on those appliances, in the floors, and perhaps even in the plumbing, are going to require major surgery, and not just an over the-counter drugstore type fix.

Although the law in this area is not straightforward, nor does it make a whole lot of sense, the law does provide some possible remedies.

In New York State, if you have purchased an apartment in a building that is five stories or less, a statute may allow you to force the developer to pay for the correction of the issues in your apartment and restore your love affair.

However, in order to take ad­ vantage of this law you will need to pay close attention to the kinds of defects at issue and also to the time frames that the law provides. Here is a brief overview of the timing of the warranties:

  • For one year your home must be free from defects caused by workmanship or materials that do not meet the standards of the NYC Building Code or are not in accordance with locally accepted building practices.
  • For two years, the plumbing, electrical, heating cooling and ventilation systems must be Free from defects caused by unskilled installation.
  • For six years, your home must be free from physical defects in the structural elements (foundations, floors, walls, roof framing) which make it unsafe or unlivable.

On the other hand, for buildings of six stories or more, the real estate developer is not bound by the same rule. Therefore, if you live in a taller building, you will need to have an attorney care- fully review the offering plan to see what type of warranty, if any, the real estate developer provided.

You should also have an attorney check your contract along with the architect's report in the offering plan. If there are material deviations from the offering plan in your unit, or if the contract contains specific warranties, you may be able to demand that the developer make repairs and restore your lost love.

Deborah B. Koplovitz is a shareholder in Anderson Kill's New York office with a focus on cooperative and condominium law, real estate and litigation.

About Anderson Kill

Anderson Kill practices law in the areas of Insurance Recovery, Commercial Litigation, Environmental Law, Estates, Trusts and Tax Services, Corporate and Securities, Antitrust, Banking and Lending, Bankruptcy and Restructuring, Real Estate and Construction, Foreign Investment Recovery, Public Law, Government Affairs, Employment and Labor Law, Captive Insurance, Intellectual Property, Corporate Tax, Hospitality, and Health Reform. Recognized nationwide by Chambers USA for Client Service and Commercial Awareness, and best-known for its work in insurance recovery, the firm represents policyholders only in insurance coverage disputes - with no ties to insurance companies and has no conflicts of interest. Clients include Fortune 1000 companies, small and medium-sized businesses, governmental entities, and nonprofits as well as personal estates. Based in New York City, the firm also has offices in Philadelphia, PA, Stamford, CT, Washington, DC, Newark, NJ and Los Angeles, CA.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.