They stole my garage

[Alpacalia]

I'm not seeking legal advice, but I would appreciate some guidance. I'm a condo owner, for a property on the east coast. I moved to the west coast to help caregive for my mother.

I'm currently renting it out. When I bought my unit, it explicitly included a detached garage in the purchase, as clearly stated in the initial real estate listing and sales contract. However, recently, our new condo manager informed me of a potential error in the legal property documents, possibly in the deeds, which suggest that the garage doesn't belong to my unit but to the adjacent condo. Naturally, I find this situation quite distressing.

I paid the full market price for my condo, which explicitly included the garage. I reached out to the attorney who handled the closing, and she indicated that there might not be much that can be done, which I feel is unjust. I'm was scheduled to meet with the condo managers and the board to discuss this matter, but I've put it off because I'm not in the same state and didn't want to travel unless necessary.

My question is, what can I do, if anything, to try to rectify this situation and ensure that I receive the garage that was included in my initial purchase? Should I just let it go and accept the potential mistake, or should I fight for my garage as it was included in my original purchase? I don't want to spend a significant amount of money on legal fees, but I also don't want to lose something that I paid for and was rightfully mine.

I know this is my call but I feel like maybe I should just postpone it until I go back to the east coast and maybe I can talk to them into just giving me my garage.

[Wiseman2]

2 minutes ago, Alpacalia said:

 new condo manager informed me of a potential error in the legal property documents, possibly in the deeds, which suggest that the garage doesn't belong to my unit but to the adjacent condo. 

Unfortunately you need an attorney. It's odd the real estate attorney doesn't think you have a case . It should all be in black and white. 

[basil67]

What a mess!  And how frustrating on your end.  This is the last thing you need right now

My instinct says that a vendor cannot legally sell something they do not own, therefore, your purchase of it may not be legal.  Kind of like buying a stolen car in good faith.  It would be interesting to see how far back the error goes and if the vendor themselves also paid for the garage believing it to be theirs.  Someone, somewhere needs to be held accountable

Do you have to travel to them to meet?  I'm wondering if you and your lawyer can do a teleconference with them

Edited November 11, 2023 by basil67

[Alpacalia]

1 minute ago, basil67 said:

What a mess!  And how frustrating on your end.  This is the last thing you need right now

My instinct says that a vendor cannot legally sell something they do not own, therefore, your purchase of it may not be legal.  Kind of like buying a stolen car in good faith.  It would be interesting to see how far back the error goes and if the vendor themselves also paid for the garage believing it to be theirs.  Someone, somewhere needs to be held accountable

Do you have to travel to them to meet?  I'm wondering if you and your lawyer can do a teleconference with them

I know!

I'm not sure how much the garages would cost to me. It's just ridiculous that someone just bought themselves a free garage! That I paid for and has been mine for years. And my attorney that handled my closing was like,  "Well, you might just have to fight for it or let it go." But it's not a small thing to have a garage, especially when I paid for it already.

[Wiseman2]

4 minutes ago, Alpacalia said:

 I paid for and has been mine for years. And my attorney that handled my closing was like,  "Well, you might just have to fight for it or let it go." 

Perhaps you need  surveyors and assessors to determine what the property includes. You'll probably need that and a CPA because as you know property taxes are based on the actual value.  Perhaps there are records in the local jurisdiction as to the property and what it includes.  Alternatively why not just sell it? 

Edited November 11, 2023 by Wiseman2

[basil67]

I hear you on the value of a garage!  On the positive, at this point the error is apparently only "potential" and "possibly" in the deeds.  First things first, you would really want to get absolute confirmation of where the alleged error is and who made it. 

[Alpacalia]

1 minute ago, Wiseman2 said:

Perhaps you need  surveyors and assessors to determine what the property includes. You'll probably need that and a CPA because as you know property taxes are based on the actual value.  Perhaps there are records in the local jurisdiction as to the property and what it includes.  Alternatively why not just sell it? 

I don't want to sell it because it's a good rental income and also I may go back there one day. I've had for over ten years so this is really a blow. But then, do I really want to get into a lengthy legal battle over a garage? That's kind of why I have been putting it off.

[Wiseman2]

1 minute ago, Alpacalia said:

, do I really want to get into a lengthy legal battle over a garage? 

You're going to have to do something, not because you want your garage back, but because property taxes are based on what the property consists of. Unfortunately these complications are going to cost you one way or the other. It seems like you could use some professional advice. 

[Alpacalia]

1 hour ago, basil67 said:

I hear you on the value of a garage!  On the positive, at this point the error is apparently only "potential" and "possibly" in the deeds.  First things first, you would really want to get absolute confirmation of where the alleged error is and who made it. 

Thanks, I think the error was made with my real estate attorney that did not do her job. The error could also lie with the title company. I have to do more research to see who is responsible for these actual duties.

It was sold to me so many years ago, and I never expected this kind of error. The condo bylaws show that the garages are deeded to individual units, so it was a huge oversight on the part of the attorney or whoever did the paperwork. I don't know why there was no title search done to verify the ownership of the garage.

It just sucks because I'm so far away and the thought of dealing with this issue from across the country is daunting. But I appreciate your advice—I'll definitely do more research and get in touch with the necessary parties to try and resolve this issue. Thank you again for your help.

[Mrin]

Might have an adverse possession claim. More likely you have a claim against your attorney and that's why she is not all gung-ho about your case. If so go ahead and file it and let her malpractice insurance settle with you. Also probably have a claim against your title company. This is why you buy title insurance.

[basil67]

@Mrin makes some good points.  I believe you should consult with a different property attorney because the company you used will be working to cover their own backsides.  

 

Edited November 11, 2023 by basil67

[Lotsgoingon]

Call a different attorney. The attorney for the purchase could have made the mistake of not reading the required documents closely. So 

You need someone who is willing to threaten to sue them. So let's say the condo association is correct. Well, they still made a mistake and the mistake is a form of fraud. And even if the law is against you, attorneys all the time negotiate so that at the very least you get a rebate of some sort. 

So sorry this is happening. And no, this is not on you. You could not have in any way realistically anticipated this kind of problem. So don't even go there.

[Alpacalia]

3 hours ago, Lotsgoingon said:

Call a different attorney. The attorney for the purchase could have made the mistake of not reading the required documents closely. So 

You need someone who is willing to threaten to sue them. So let's say the condo association is correct. Well, they still made a mistake and the mistake is a form of fraud. And even if the law is against you, attorneys all the time negotiate so that at the very least you get a rebate of some sort. 

So sorry this is happening. And no, this is not on you. You could not have in any way realistically anticipated this kind of problem. So don't even go there.

For sure.

I appreciate your support and understanding of the situation. I was just like, ugh, one more thing to deal with, but such is life.

I will make sure to fight for my rights and not let this go easily.

Thanks again for your advice and encouragement.

[MsJayne]

17 hours ago, Alpacalia said:

I reached out to the attorney who handled the closing, and she indicated that there might not be much that can be done

No wonder you're distressed! Years of experience managing strata-titled property settlements and reading through property contracts here. It would be highly unusual for a conveyancer not to perform Due Diligence on the property at the time of settlement, so it's odd that she couldn't confirm ownership and told you there's not much you can do. Among the settlement documentation there should be specs of the property showing the floor plan, and if the garage is included it should be on there even if it's in a different part of the building, and it should also be specified clearly in the contract, (you say it's states it explicitly, so that would be a yes?). Can you have a meeting with the condo manager via an online platform, because you're right that that's your first port of call to establish whether what they're saying is actually true or if they've made a mistake? They should already have forwarded you any information/documentation they have which gives rise to their belief that the garage isn't yours, if they haven't done that I'd be all over them. I would get on to them quickly, because with multiple occupancy buildings sometimes all sorts of clauses and title restrictions come into play and possession of disputed property could be time-sensitive. It certainly sounds very fishy, I'm looking forward to hearing the outcome and I hope it turns out the condo manager's just a wally who's got things wrong. 

[ShyViolet]

23 hours ago, Alpacalia said:

I I reached out to the attorney who handled the closing, and she indicated that there might not be much that can be done, which I feel is unjust.

This doesn't seem right at all.  I would consult a different and better attorney for a second opinion.

[IrinaM]

Alpacia, I love it that you are a woman with rental properties. I think that's wonderful, too many women in this world have no security at all.

Please fight tooth and nail for that garage. With the price of property these days, and the difference in monthly rent price for a condo with a garage vs. without, you will more than recoup legal fees. Also, some cases involve getting reimbursed for atty cost, although idk if this would qualify, but it might.

[Alpacalia]

10 hours ago, MsJayne said:

No wonder you're distressed! Years of experience managing strata-titled property settlements and reading through property contracts here. It would be highly unusual for a conveyancer not to perform Due Diligence on the property at the time of settlement, so it's odd that she couldn't confirm ownership and told you there's not much you can do. Among the settlement documentation there should be specs of the property showing the floor plan, and if the garage is included it should be on there even if it's in a different part of the building, and it should also be specified clearly in the contract, (you say it's states it explicitly, so that would be a yes?). Can you have a meeting with the condo manager via an online platform, because you're right that that's your first port of call to establish whether what they're saying is actually true or if they've made a mistake? They should already have forwarded you any information/documentation they have which gives rise to their belief that the garage isn't yours, if they haven't done that I'd be all over them. I would get on to them quickly, because with multiple occupancy buildings sometimes all sorts of clauses and title restrictions come into play and possession of disputed property could be time-sensitive. It certainly sounds very fishy, I'm looking forward to hearing the outcome and I hope it turns out the condo manager's just a wally who's got things wrong. 

Yes, distressed is a good word. I am a firm believer that what people put out in the universe will return to them. My attorney claiming not much can be done is 50% of the problem. She is the one supposed to be representing my best interests.

My sales contract stipulated that the property included the garage and was also listed in the real estate listing. But, someone that recently moved in noticed in the Bylaws (which are decades years old) that the garage belongs to them. There’s no way I was going to read through the entire bylaws when I purchased the property (it’s books long), that’s what my attorney is for during the closing process. I went back and checked, and NJ law says that existing bylaws apud the rights and responsibilities of common elements to the specific unit allows resale of garage as long as the conveyance is in good faith. If the deeds properly describe the property sold, which it does, then the garage I would think is included as long as all parties and attorneys signed off on the sale (which we/they did).

3 hours ago, IrinaM said:

Alpacia, I love it that you are a woman with rental properties. I think that's wonderful, too many women in this world have no security at all.

Please fight tooth and nail for that garage. With the price of property these days, and the difference in monthly rent price for a condo with a garage vs. without, you will more than recoup legal fees. Also, some cases involve getting reimbursed for atty cost, although idk if this would qualify, but it might.

Absolutely! I take pride in being the owner of that property. I bought it with my own funds from a job that I worked my tail off at when interest rates were exceptionally low. It's a great investment in a hot and above market neighborhood, I set the rental price wisely, hired a property management team from the start, and ensured the property's upkeep, taxes, fees, and all. I have a nice little cushion for rainy days or years like this one where things took a dive, and to divide on other important things, so I don't need any unscrupulous characters swooping in erroneously claiming something in their name. Thank you, I will definitely fight and take your advice as I work this all out. It's going to take some time to get it sorted but I have to stay on top of it.

I think Mrin's suggestion is really good too. I have title insurance so it's going to be interesting to see how this plays out.

Edited November 12, 2023 by Alpacalia

[d0nnivain]

Call your title insurance company.  The whole purpose of that coverage is to address disputes like this.  You may also have a legal malpractice claim against the lawyer who represented you in the closing.  

[ShyViolet]

8 hours ago, Alpacalia said:

But, someone that recently moved in noticed in the Bylaws (which are decades years old) that the garage belongs to them. There’s no way I was going to read through the entire bylaws when I purchased the property (it’s books long), that’s what my attorney is for during the closing process.

Your attorney definitely screwed up.  It was their job to catch this before the sale.  I am not sure what your recourse is now but I would consult with a better attorney to find out.

[MsJayne]

13 hours ago, Alpacalia said:

someone that recently moved in noticed in the Bylaws

Is this person an owner or a just a tenant? If they're an owner then they should be able to produce their own purchase contract which states that the garage is part of their property, (in which case agent and lawyer's involved in the sales/purchases of both properties are going to have some explaining to do), and if they're a tenant it's likely they're just spouting about ancient by-laws because they're unaware that the garage was sold by one owner to another somewhere along the line. As you say the condo manager's new too I'm guessing they're missing a vital piece of information and that the by-laws need updating to reflect the situation. Can you contact the previous managers? They might be able to clear it up without having to involve lawyers, etc. 

[Alpacalia]

2 hours ago, MsJayne said:

Is this person an owner or a just a tenant? If they're an owner then they should be able to produce their own purchase contract which states that the garage is part of their property, (in which case agent and lawyer's involved in the sales/purchases of both properties are going to have some explaining to do), and if they're a tenant it's likely they're just spouting about ancient by-laws because they're unaware that the garage was sold by one owner to another somewhere along the line. As you say the condo manager's new too I'm guessing they're missing a vital piece of information and that the by-laws need updating to reflect the situation. Can you contact the previous managers? They might be able to clear it up without having to involve lawyers, etc. 

Owner. They purchased one of the other condos in the development. It's a fairly new condo manager (aka President). The prior condo board president moved and I will have to do some digging around to find their new contact information. I also need to contact my title insurance company and locate a new attorney so first things first. Before though, I am going to draft a letter to the condo board president and explain that I will be seeking outside  council. Hopefully, they can provide the information as to when and how this garage exchange came about.

[introverted1]

12 hours ago, d0nnivain said:

Call your title insurance company.  The whole purpose of that coverage is to address disputes like this.  You may also have a legal malpractice claim against the lawyer who represented you in the closing.  

This.

Your title insurance should, at a minimum, compensate you for "errors and omissions."

[Wiseman2]

On 11/10/2023 at 8:56 PM, Alpacalia said:

maybe I can talk to them into just giving me my garage.

You could try that if you have all the original paperwork to prove your case. 

[Will am I]

If the garage does truly not belong to your condo, you have a legal case against the seller. Because they misrepresented the object of the sale and essentially sold you something that wasn’t theirs to sell.