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Contracts Ny Real Property LawBreach_and_remedies_nyHARD

A New York co-op purchase contract is breached when the co-op board rejects the buyer despite the buyer meeting all stated financial requirements. The rejection appears to violate fair housing laws. What is the buyer's best remedy under New York law?

Correct Answer

B) Sue the co-op board for discrimination and seek monetary damages

When a co-op board rejection appears to violate fair housing laws, the buyer's best remedy is to sue the co-op board directly for discrimination under the New York Human Rights Law and federal Fair Housing Act. This addresses the root cause of the problem and can result in both monetary damages and potentially an order requiring the board to approve the application.

Answer Options
A
Sue the seller for specific performance to force the sale
B
Sue the co-op board for discrimination and seek monetary damages
C
Demand return of the deposit and sue the seller for breach of contract
D
File a complaint with the New York Attorney General's office only

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Related Topics & Key Terms

Key Terms:

coop_boarddiscriminationfair_housingboard_rejection

Related Concepts

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

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