Expert: Hans Weber, Licensed Broker Associate - 8/2/2005

Question
Hi there-
I am in the process of selling a co-op in White Plains, NY. When the buyers came to look at the property, they asked me about parking.  Our building has a wait list, but there is a municipal lot down the block.  I told them that as a courtesy, they could use our permits for the municipal lot until they ran out.  The permits have our lisence plate numbers on them; however the police usually do not check the plates--only the code that the permit is current and for the correct lot.  
Our attorney sent the contract out and the buyers attorney added "parking permits" as part of the property included with the unit.  My attorney explained the situation to the buyers attorney--that basically we had offered our permits as an "under the table" courtesy, and that the buyers would have to go and purchase their own permits.  This really is not a big deal; the parking lot has no wait list and all they would have to do is change over their info at the DMV and bring the contrract down to the city parking authority.
Upon finding this out, the buyers asked for 24 hours to confirm this information.  This seems a little sketchy--they could have made a 5-minute phone call to get this information.  Even though the contract is signed and they deposit has been made, can the people use this to get out of buying?  And if so, do we have any claim to their deposit check?
Thanks in advance for your help-
Amanda

Answer
Hi Amanda,

Thank you for your question.  Parking in White Plains can be an issue.

If the contract is signed by all parties then the terms of the contract are in effect.  If the contract states they get parking permits, then they must be able to get them.  I really don't think your attorney would allow you to sign a contract stipulating that a municipality issuing parking permits be a contingency.  It is out of your control.  If you want to keep them as buyers try to help them get the permits and maybe pay for them if you want it that badly.

Let me know how it works out.

Hans