To learn more about the essential role played by real estate attorneys in condo purchases, Market Insight talked to veteran New York City real estate attorney Robert J. Smith of the Law Office of Robert J. Smith. Smith has been practicing real estate law in New York City for over three decades and is co-author of the standard form condo contract. We also look at new and forthcoming condos for putting his advice into practice.
In this article:
The unique risks of purchasing a new construction condo
Although all real estate purchases present risks, purchasing a new construction condo presents additional risks to buyers. This is largely due to the fact that in new construction condo deals, there are certain costs that the sponsor transfers to buyers that normally would not be the buyer’s responsibility, including New York City and New York State transfer taxes. Still, the higher cost associated with closing a new construction condo deal is not the only reason these deals often entail additional risks for buyers.There are at least two other key reasons that new construction condo purchases pose unique risks. As Smith emphasizes, “Where a building has not yet been constructed or is being constructed, we need to be certain that the finished product is substantially similar to what was represented, in terms of layout and materials provided.” Timing is also a concern: “Sponsors will often provide estimates of when construction will be completed but are not willing to codify that in a contract.” For this reason, Smith says that he always works to include a “drop dead” date in condo contracts—in essence, if the deal has not closed by the “drop dead” date, the purchaser has the right to walk away from the deal. This is important, Smith adds, because it ensures that purchasers and their funds can’t be held hostage by slow-moving developers.
Reviewing condo offering plans
Among other tasks, when you contract with a real estate attorney in preparation to make an offer on a new construction condo, you’re trusting them to thoroughly review the condo’s offering plan. An offering plan is a document that discloses information about a condo to a prospective buyer, including the price, buying procedures, and the building bylaws. When a building is still under construction, the offering plan also includes details on what the building will look like, what services it will offer, and how it will operate once it is completed. While this may sound straightforward, offering plans are often several hundred pages in length (for example, search the New York State Offering Plan Database).Negotiating contingencies
In real estate deals, contingencies are always important, but when purchasing a unit in a building that doesn’t yet exist, contingencies take on additional import. As already noted, timing is a key factor in any condo deal, as buyers and their attorneys naturally want to ensure that the unit in question will be finished by a certain date. In new construction condo deals, financing contingencies are also important. As Smith explained, “With regard to financing, most purchase agreements will indicate that they are not contingent on financing. If the purchaser needs financing, we have to push back and insist that the purchase agreement be amended to reflect a financing contingency.Exceptional cases
Most readers have likely come across stories about buyers taking legal action against condo developers due to delayed project completions or construction flaws. Fortunately, Smith says that in his experience, buyers rarely need to take legal action. “Disputes with developers are common,” he admits, “but I wouldn’t say that legal actions are common.” That said, when developers fail to deliver a unit as or when promised, and it affects the ability of the unit owners to enjoy the property, owners may seek redress. In these exceptional circumstances, Smith has observed that owners are almost always more successful if they band together.Forthcoming new developments
269 Water Street, Financial District
Developed by
Mott & Prince Management
Design by SM Tam Architect
7 stories | 76 feet
Six two- to three-bed condos
Developed by Mott & Prince Management
Design by SM Tam Architect
7 stories | 76 feet
Six two- to three-bed condos
256 East 4th Street, East Village
Developed by
89 Development LLC
Design by StudiosC Architecture
6 stories | 60 feet
Six condos
Developed by 89 Development LLC
Design by StudiosC Architecture
6 stories | 60 feet
Six condos
Rothko House, East Village
313 East 6th Street
Developed by Florida Man Development
Design by Michael House Architect (renovation)
4 stories | 55 feet
Two two- to three-bedroom condos from $5.8 million
313 East 6th Street
Developed by Florida Man Development
Design by Michael House Architect (renovation)
4 stories | 55 feet
Two two- to three-bedroom condos from $5.8 million
51 Little West 12th Street, Meatpacking
Developed by Jerry Noury
Design by Marin Architects
14 stories | 203 feet
12 residential units
Developed by Jerry Noury
Design by Marin Architects
14 stories | 203 feet
12 residential units
The developer is seeking a variance from the NYC Board of Standards and Appeals (BSA) because residential use is not permitted as of right at the site’s M1-5 zoning district, which would otherwise limit development to a smaller commercial or manufacturing building. The applicant argues the variance is necessary due to the site’s unusual physical constraints, including its 25-foot width, high groundwater table, flood zone location, and high foundation costs, which make as-of-right development financially infeasible. The plan was rejected by Community Board 2, and a follow up hearing is planned with the BSA next year.
246 West 18th Street, Chelsea
Developed by Prime Builders
Design by RyDE Design
11 stories | 120 feet
21 residential condos Completion: 2027
Developed by Prime Builders
Design by RyDE Design
11 stories | 120 feet
21 residential condos
227 West 19th Street, Chelsea
Developed by Round Square Builders
Design by DXA Studio
11 stories | 120 feet
8 condo units
Developed by Round Square Builders
Design by DXA Studio
11 stories | 120 feet
8 condo units
Casoni, Midtown West
989 Sixth Avenue
Developed by 989 Sixth Realty LLC
Design by C3D Architecture
69 stories | 785 feet
27 condos
989 Sixth Avenue
Developed by 989 Sixth Realty LLC
Design by C3D Architecture
69 stories | 785 feet
27 condos
8 West 45th Street, Midtown West
8-16 West 45th Street
Developed by Hiwin Group
Design by Nexus Architect
69 stories | 785 feet
113 residential units
8-16 West 45th Street
Developed by Hiwin Group
Design by Nexus Architect
69 stories | 785 feet
113 residential units
401 East 51st Street, Beekman-Sutton Place
930 First Avenue
Developed by Cimbra Partners, SK Development/ CBSK Developers
Design by Selldorf Architects and SLCE
30 stories | 369 feet
83 condos
930 First Avenue
Developed by Cimbra Partners, SK Development/ CBSK Developers
Design by Selldorf Architects and SLCE
30 stories | 369 feet
83 condos
The 174,000-square-foot project, designed by Annabelle Selldorf with SLCE as the executive architects, will include ground-floor retail space and a 15-car parking garage. Renderings show the project will be a lively, loft-like addition to this staid section of Manhattan. The tower replaces a cluster of low-rise prewar buildings at 930 First Avenue, 936 First Avenue, and 409 East 51st Street that were purchased for $46.8 million in June 2023.
Wellington Hotel Redevelopment, Billionaires' Row/Midtown West
871 Seventh Avenue
Developed by Extell Development Company
Design by Beyer Blinder Belle
71 stories | 1,050 feet
130 residential units / 156 hotel rooms
871 Seventh Avenue
Developed by Extell Development Company
Design by Beyer Blinder Belle
71 stories | 1,050 feet
130 residential units / 156 hotel rooms
Parc Beaufort, Billionaires' Row/Midtown West
140 West 57th Street
Developed by The Feil Organization
Design by MDeaS Architects
14 stories | 150 feet
47 condos
140 West 57th Street
Developed by The Feil Organization
Design by MDeaS Architects
14 stories | 150 feet
47 condos
At the northeast corner of West 76th Street and Broadway on the Upper West Side, a more than century-old, albeit greatly altered, four-story building at 2160 Broadway is being demolished to make way for a 12-story mixed-use condo development following permits filed in May 2025. The proposed 149-foot-tall building would include 10 large residential units (likely condos), along with roughly 1,000 square feet of ground-floor commercial space. The project utilizes unused air rights tied to the site and will block some south-facing windows from the adjacent co-op, The Opera.
Z Architecture is leading the design where they provide a neo-traditional aesthetic that somewhat mirrors The Laureate condo across 76th Street.
1122 Madison Avenue, Carnegie Hill
Developed by
Legion Investment / Nahla
Design by Hill West Architects
22 stories | 283 feet
26 three- to six-bedroom condos
Developed by Legion Investment / Nahla
Design by Hill West Architects
22 stories | 283 feet
26 three- to six-bedroom condos
200 West 88th Street, Upper West Side
Developed by
Nortco Development
Design by Robert A.M. Stern Architects
18 stories | 215 feet
37 three- to five-bedroom condos
Developed by Nortco Development
Design by Robert A.M. Stern Architects
18 stories | 215 feet
37 three- to five-bedroom condos
214 West 80th Street, Upper West Side
Developed by ZHL Group Inc.
Design by Z Architecture
7 stories | 68 feet
Six condos
Developed by ZHL Group Inc.
Design by Z Architecture
7 stories | 68 feet
Six condos
205 Montague Street, Brooklyn Heights
Developed by Landau Properties
Design by Hill West Architects
47 stories | 792 feet
46 condos
Developed by Landau Properties
Design by Hill West Architects
47 stories | 792 feet
46 condos
One Wharf Way, Williamsburg
80 Wharf Way
Developed by Naftali Group
Design by COOKFOX Architects
20 stories | 460 feet
218 condos
80 Wharf Way
Developed by Naftali Group
Design by COOKFOX Architects
20 stories | 460 feet
218 condos
185 Skillman Avenue, Williamsburg
Developed by Spruce Consulting Inc.
Design by StudiosC
5 stories | 792 feet
8 condos
Developed by Spruce Consulting Inc.
Design by StudiosC
5 stories | 792 feet
8 condos
109 Devoe Street, Williamsburg
Developed by Devoe Condominiums LLC
Design by StudiosC
5 stories | 50 feet
Eight one- to three-bed condos from $1.23 million
Developed by Devoe Condominiums LLC
Design by StudiosC
5 stories | 50 feet
Eight one- to three-bed condos from $1.23 million
477-479 Washington Avenue, Clinton Hill
Developed by Wisdom Equities LLC
Design by Z Architecture
5 stories | 55 feet
Developed by Wisdom Equities LLC
Design by Z Architecture
5 stories | 55 feet
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