From the February issue: During the real estate boom, it was common and even encouraged for brokers to buy units in the new development buildings they were marketing. After all, what endorsement could be better than a six-figure down payment? But now that buyers are scarce, a number of problems with brokers purchasing units have surfaced, from unethical dilemmas with flipping to price inflation to whether brokers can be considered “bona fide” purchasers. These issues often went unnoticed when prices were roaring upward, but can threaten a condo development’s very existence in today’s litigious environment. “In the past, there was absolutely no issue because these buildings were sold out, and who cares what the broker did?” said Anne Salisbury, an attorney in the real estate litigation group at Guzov Ofsink. “Now that you’ve got empty units, it can become an issue.” For years, marketing firms urged their brokers to buy units in the new development buildings they were tasked with selling. “It’s a sort of stamp of approval for the building,” said Jennifer Lee, the director of new business development at aptsandlofts?.com, who noted that the brokerage encourages its agents to purchase property. [more]

30 Lincoln Plaza and Howard Milstein

A group of tenants at Milstein family condominium conversion 30 Lincoln Plaza has filed a lawsuit against the sponsor and the attorney general, claiming a “fire sale” of units in the building resulted in an “egregious miscarriage of justice” against tenants. Facing a December 2008 deadline for the offering plan to be declared effective, Milstein slashed prices for non-tenants, selling units for 40 to 60 percent less than the prices tenants had paid, according to the suit, filed Dec. 21 in New York State Supreme Court. The suit, which reveals the “vastly reduced prices” of units in the building (see accompanying chart after the jump), offers a glimpse into the challenges faced by developers after the financial crisis of 2008. The suit claims that the condo offering plan “unlawfully discriminated” against tenants and failed to adequately disclose certain material risk factors, and that declaring the plan effective was “erroneous” and “an abuse of the attorney general’s discretion.” In the suit, tenants asked that the attorney general rescind the approval of the amendment that declared the plan effective. The suit was filed by tenants Vera Salnikova and Scott Petepiece, and an unspecified number of members of the 30 Lincoln Plaza Ad Hoc Tenants Committee. [more]