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Brooklyn Estate Planning & Real Estate Lawyer / Blog / Real Estate / Closing an “Impossible” Deal: How We Helped a Client Acquire a Distressed Harlem Property

Closing an “Impossible” Deal: How We Helped a Client Acquire a Distressed Harlem Property

Distressed Prop

Some real estate transactions test every tool an attorney has. The recent acquisition of a landmark property at 131 West 118th Street in Harlem was one of those deals, a transaction so layered with legal and regulatory obstacles that online commenters openly questioned whether it could ever close.

A property with almost every complication at once

Our firm represented the purchaser in this acquisition, and the list of issues attached to the property was extensive. There was an active vacate order and a pending tenant harassment proceeding. Outstanding tax liens exceeded $400,000. Ongoing Housing Court litigation added another layer of legal risk, as did an unresolved estate administration with competing heirship claims among the prior owner’s family. More than 200 violations from the Department of Housing Preservation and Development, the Department of Buildings, and the Environmental Control Board sat on the property’s record. On top of all of that, the building’s designated landmark status meant any future renovation or redevelopment would need to satisfy an additional layer of regulatory review.

Before closing, the property drew public attention on Reddit, where commenters familiar with New York City real estate discussed the obstacles at length and speculated about whether a sale could realistically be completed.

Eight months of negotiation toward a global resolution

Rather than treating each issue in isolation, our attorney spent approximately eight months coordinating negotiations between the seller, the tenant, and the heirs to reach a comprehensive settlement. That settlement resolved the pending Housing Court litigation, provided for a payment to the tenant, secured withdrawal of the harassment claim, and led to discontinuance of the related legal proceedings.

Beyond negotiating the settlement itself, our work included structuring the escrow arrangements, drafting and reviewing the settlement and discontinuance paperwork, and coordinating with every party involved so the transaction could move to closing despite the number of outstanding issues still on the table.

Representation did not end at closing

For a property carrying this many violations, closing the sale was only the midpoint of the legal work. Our client took on responsibility for resolving the outstanding building violations after the purchase, and we have continued working alongside the client’s architect to guide the project through the Department of Buildings permitting process. That includes ongoing legal guidance on compliance requirements as the client moves toward redevelopment of the property.

What this deal illustrates

Transactions involving liens, litigation, disputed heirship, and landmark designation rarely resolve themselves through a single negotiation. What made this acquisition possible was treating the settlement as one integrated process rather than a series of separate disputes, and staying engaged with the client well past the closing table.

If you are considering the purchase of a distressed, contested, or heavily encumbered property in New York City, this kind of matter is exactly where experienced counsel makes the difference between a deal that falls apart and one that closes. Our New York real estate lawyers regularly guide investors and purchasers through complex property acquisitions, and we would welcome the opportunity to talk through your transaction. Reach out to Yeung & Associates, PLLC to discuss your options.

Source:

reddit.com/r/zillowgonewild/comments/1k4woxo/historic_harlem_home/

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