Building types in Manhattan

Sponsor resale condo units in Manhattan

A sponsor unit still held in a finished Manhattan condominium is sold under the original offering plan, which is why the closing costs look nothing like a resale.

What is different about buying a sponsor resale condo unit in Manhattan?

Quick Answer

A sponsor unit in a finished Manhattan condominium is still sold under the original offering plan rather than under the ordinary resale custom. The plan shifts the transfer taxes and the sponsor’s legal fee to the purchaser, and it also carries whatever construction warranty obligations the sponsor still owes.

Which condominiums of this kind are actually in Manhattan?

  • Unsold units held by sponsors in buildings completed over the last two decades across Midtown, Chelsea and the Financial District
  • Units held back as rentals during a slow sales period and released later
  • Positions acquired by successor entities from an original sponsor
  • Buildings where the remaining sponsor holding is large enough to affect warrantability

What changes about the waiver and the loan file in Manhattan?

  • The board’s right of first refusal still applies, and the waiver is still the approval step
  • A large remaining sponsor holding is a warrantability input, and it can narrow the lender list for the whole building
  • Where the unit has been rented, the purchaser should establish whether it is delivered vacant and what the tenancy status is
  • The lender will want the offering plan and its amendments in the file, not only the contract

Which taxes and recording steps apply in Manhattan?

  • The plan commonly shifts the New York State and New York City transfer taxes to the purchaser, unlike an ordinary Manhattan resale
  • That shift counts as additional consideration, which can raise mansion tax exposure on a borderline deal
  • Mortgage recording tax applies to the recorded mortgage, and the deed and mortgage record with the City Register through ACRIS
  • The purchaser also commonly pays the sponsor’s attorney fee under the plan, which a resale would not include

What pattern does a purchaser meet in Manhattan?

  • Read the plan and every amendment: the sponsor’s continuing obligations, the cost allocation and the delivery condition are all there
  • A unit that has been rented for years is delivered in rental condition, and the plan’s construction warranty may long since have expired
  • Where the sponsor is in arrears on common charges, the condominium’s financials will show it and the purchaser inherits the building, not the arrears
  • The closing figure on a sponsor unit is materially higher than on a resale at the same price, and the difference should be modelled before offer

Is a Manhattan sponsor condo unit cheaper than a resale?

Not once the closing costs are counted. The plan typically puts the state and city transfer taxes and the sponsor’s attorney fee on the purchaser, which an ordinary resale would not. A price that looks like a discount can be neutral or worse after those lines are added, so model them before making an offer.

Does a sponsor unit still carry a construction warranty?

Only if the plan’s warranty period has not run. In a building completed years ago the sponsor’s construction obligations may have expired, so a purchaser buying a long-held sponsor unit is buying the condition it is in. The plan states the period, and the amendments state what has changed.

What else should you read before closing on one of these?

In the glossary

This building type, borough by borough

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Legal Disclaimer: This page is general information about New York practice. It is not legal advice, it does not account for the terms of any particular contract, building or transaction, and reading it does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.