New Home Notebook – New homes & condos in Chicago & suburbs

Kevin Black

Throwing in the towel at Renaissance Lofts at 1791 W Howard Street

I'm still going to post the diary of a first time buyer...have all my emails and notes together, but recently I finally have had enough of this building and all the problems I've had since I moved in.

In the last 6 months I've had water infiltrating my unit from the outside of the building.I'm not alone as there have been other units having the same issues. It's gotten into my unit, the drywall, damaged my wooden floors, stained my rug and couch. The drywall is stained and I can only imagine what is growing inside the drywall from the repeated water infiltrations. There have also been some other issues happening as well. The new condo association still hasn't accepted the building and they brought in someone to go through the building and identify all the building issues.

I had my attorney notify the developer (The Kopley Group) that I wanted to exercise their "buyback guarantee " and supposedly within 90 days I'm supposed to get what I paid for the unit (minus what it takes to get it back to "sale-able" condition) except for normal wear and tear. I'll be interested to see if they actually live up to their promise. I'll keep you posted on how this goes. It may be helpful for someone else.

Cheers

Tags: 1791, Howard, Kopley, Lofts, Nick, Renaissance, Street, W, back, buy

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Kevin Black Comment by Kevin Black on February 25, 2010 at 9:04pm
I've reached a milestone of sorts. It's now been 100 days since I notified Kopley that I wanted them to buyback my unit within 90 days per the contract that we both signed. They haven't agreed to a sales contract and haven't scheduled a closing date. They want me so sign additional restrictions that were never agreed to or should be part of a sales contract to put a gag order on me.

I got a call from the construction foreman Monday whining about how he thought I was hurting the building by telling people what problems I had with them and with my unit and the building. I actually couldn't believe that he was saying this...I would think that fixing the problems that the unit owners and the building had would be more of a help that me being quiet about my issues. Then there are those outstanding building code issues that they haven't cleared/closed yet.

He said they would fix my problems....I just couldn't believe that they'd think that I'd want them to "fix" anything in the building given their record of "repairs". I mean they manged not to "fix" the leaks for over a year and they just ignored me when I (and others) told them about the window issues. I had my windows "fixed" three times and they still are drafty and leaky (remember these are brand new double-paned windows). How do you ignore someone sending a certified letter telling you about all their issues and what you want done?

Being a reasonable guy I gave them two "options" with a deadline of close of business tomorrow.

Meanwhile, I got the results of my complaint with the city. It's everything I could have asked for and more. The fine wasn't as much as I'd hoped, but the fact that not only were they charged with all the things that I put in my complaint, they fact that they pleaded GUILTY makes it much more sweet! Super sweet in fact! Nicely enough it's the basis for the next step with several agencies should I proceed.

Meanwhile at work today got to chat with Lisa Madigan for a bit. She's a really nice person. She seems to genuinely care about the little guy and their problems. She seems to be a champion of the little guy (like me) and it seems like she might be able to help me and the other people in my building should it come to that.

On one hand I hope that they agree to one of options and I can end this very soon, on the other hand it would be very sweet to take them to the cleaners and see how much legal trouble their business practices might get them into.

The best part is that the next phase costs little or nothing, just like the first phase did!
Kevin Black Comment by Kevin Black on February 20, 2010 at 10:43pm
Day 95 since my attorney notified the Kopley group that I wanted to exercise my buyback.
Still no contract or closing date.
Kevin Black Comment by Kevin Black on February 16, 2010 at 4:58pm
Well folks, we are at 91 days since my attorney notified the Kopley group that I wanted to exercise the buyback option as agreed to by both parties in a signed contract.

The contract clearly states that:

The re-purchase will occur no later than 90 days from the date the Buy-Back Guarantee is exercised.

As of this date no contract has been signed and no closing date has been set.

I've done nothing but operate in good faith with these folks from day one. I tried everything I could think of to get them to fix my problems including the leaking and electrical issues and drafty/leaky windows etc. They have steadfastly refused to live up to their obligations, ignored my pleas, and more importantly to do the right thing by me (and many others in the building). I finally gave up and expected them to live up to their contract to buy back my unit. You can see the results of that....

Draw your own conclusions folks...
Kevin Black Comment by Kevin Black on February 14, 2010 at 8:53am
I'm a couple days out from the 90 day window that Kopley has to buy back my unit. At this point we don't have a closing date or even a signed contract with the Kopley group Much like my experiences them so far so far, it's been like pulling teeth to get anything done.

At the point that they have failed to live up to their contractual obligations I have plan "B" ready to go. I had suspected that something like this might happen, so as they say, "Plan for the worse, expect the best".

I really wanted to be out and done with this and hoped that would happen by now, but at the same time, I'm not going to lie down and roll over and let them take advantage of me more than they already have.

It's not all bad though, I got a bit of spectacular news on the city front and as soon as the clock runs out I'll be sharing it..but there is a saying about you reap what you sow.

Cheers,

Kevin
Kevin Black Comment by Kevin Black on February 5, 2010 at 11:22pm
Matt:

Again, you don't know anything about what you are talking about.

It has nothing to do with Money. The contract that we signed back in August of 2008 states the price. No one is disputing that.

We signed an agreement, I exercised the agreement we both signed and then they decided to add all sort of conditions at the last which include things that my attorney says that no one in his right mind would sign which have nothing to do with a straight real estate contract. I'm prepared to go through with it and they are coming up with all sorts of stuff that was not in our agreement. Of course I'm balking. Any sane person would. My attorney said he wouldn't let anyone sign such a piece of work.

I didn't want to sell my unit back. I wanted what I paid for. A unit without leaks. A unit without windows that leaked both water and were drafty as could be. I wanted $270,000 dollars worth of condo in a well constructed building. If they had fixed the problems in a timely manner and taken care of my issues I never would have even thought about leaving. I loved my terrace. I had most things the way I wanted them. It was like ripping my heart out to leave. I only decided to leave because in my opinion the problems and issues outweigh the benefits and the enjoyment of my unit.

I expect them to live up to the contract they signed. Nothing more, nothing less. So far it looks like that isn't going to happen. They have till the 20th of Feburary to close. After that I go to plan "B". Plan "B" will not be me being nice anymore. I'll take every legal avenue I have. I don't think they will be happy and the best part is that there isn't anything they can do about it.

I expect the best and plan for the worse. Plans that I started a year ago are just bearing fruit now.

They seem to be worried about what I will say. I will tell nothing but the truth. If they think that will hurt them then they should have done a better job of taking care of my warranty issues and the building problems. They ignored my attempts to resolve the issues without bring attorneys into it for over a year and a half.

So, whatever happens I have a clear conscience that I did everything I could to resolve the situation amicably. Some people just can't be dealt with. They reap what they sow.

Kevin
Matt Mahews Comment by Matt Mahews on February 5, 2010 at 10:09pm
Hey Joey Calzone,
Thanks for your interest in my views and the lack of high school level grammar. I am in no way involved with the developer. But I am very involved in and with my community. And boy am I tired of listening to people complain and spread their negativity like a cancer. Soon that negativity spreads to good assessment paying fellow owners and before you know it everyone is depressed. There are people that really enjoy ruining the lives and happiness of others; Kev seems like one of them. He is that guy on the Titanic frantically ruining around yelling that the ship is sinking instead of trying to help people get in lifeboats. Also, what I am tired of are people that blame everyone in the world other than themselves for their problems. Great, so Copley Group cut some corners you say, well, either complain and moan about how those corners were cut and get lawyers involved and actually accomplish nothing. Or, you can fix it yourself. There is some Asian saying that it is better to light a candle than it is to curse the darkness. However, I have the strange feeling that Kevin is suffering from pathological buyers remorse because the value of his condo has fallen so dramatically (join the club). Now, Kevin is expecting full original sales price for his condo; kinda like buying a new car, driving it around for a year and selling it back at the same price. Get real. Of course there would be conditions in the contract that Kevin signed with a lawyer present. Now, he doesn't want to do the buyback because he isn't getting as much money as he wanted. Again, just a severe case of buyers remorse. I feel really really sorry for the next condo/coop that Kevin will spread to.
Kevin Black Comment by Kevin Black on February 4, 2010 at 1:59pm
Just thought I'd give everyone a heads up. The 90 day window that Kopley has to buy back my unit ends on Feb 20th. I thought we were moving forward, but about a week ago they sent this page of last minute "conditions". My attorney told them that he wouldn't let me (on anyone) sign these conditions, so things seem at a stand still. There has still been no closing date scheduled.

Meanwhile, since it looks like I'm not going anywhere, several people have asked me to stand in for a special election since we have a board member resigning and annual elections are not until June. I told them I would with the caveat that I might not be living there much longer. I didn't think I'd be eligible since I had hoped to be out before the special election.

I had hoped this would be much simpler. I really just want to get out of here. However, if it can help resolve issues with the building and the developer, I'll do my best to help out.

Kevin
Jake Comment by Jake on February 2, 2010 at 10:16pm
Kevin, I've been following your posts for quite sometime now back when there was a yahoo group open to everyone. I often wondered what was going on in this place since last year. I just happened to stumble about your blog tonight. I was hoping that the issues you were all having would have been resolved by now. I'm sorry to see that it hasn't. I was a prospective buyer on the verge of putting in an offer and after reading all of your issues and the issues of other owners, I'm glad that I didn't purchase here. Your blog was a saving grace so thank you for saving me from the pain and agony! Its obvious that this developer cut corners at this project and I hope that those who have purchased at his 1800 Grace development don't suffer the same fate. Time will only tell. Hats off to you for staying vigilant! Your condo association is very fortunate to have someone like you. Best of luck and keep us posted!
Kevin Black Comment by Kevin Black on January 26, 2010 at 1:46pm
Thanks Joey. I kind of suspected that he might be a schill for Kopley and decided not to reply. Thanks for your support. I took a look at the cribchatter website and saw the comments about the night construction at 1800 W Grace Street.and it doesn't surprise me. As I understand unless they have a special permit that specifically allows it, they aren't allowed to work at night...

It's funny you mentioned the buckets....as I'm the one who put those down so it wouldn't damage the carpet/floor any more than it already had. They mysteriously disappeared when the agent was showing the units most of the time....

I'm still waiting as Kopley seems to want to drag this out the full 90 days...I would think they would want me out as soon as possible. I understand that at least 3 others are either in the process or have said they are taking the buyback. I feel sorry for those who don't have it.

Kevin
joey calzano Comment by joey calzano on January 26, 2010 at 12:48pm
matt,
do u work for the developer? u have some pretty positive views of this building and developer considering that u dont even reside there.
"Comment by Matt Mahews on January 7, 2010 at 1:24pm
'sorry about all the problems in your building. The problems in mine haven't been as bad.'"

n it has been confirmed that other reviews of this building have been taken down by the developer. with that in mind, i wouldnt be surprised if kopley sent u to somehow justify this individual's problems. i am a buyer myself n i have been informed by other tenants that there are horrendous problems within the building. while taking a tour of the building, i noted AT LEAST 2 buckets located in the lobby area that were obviously there to collect falling water. keep in mind, this is on the 1st floor!!!
also, if u have any other doubts about this developer, read about them on cribchatter. they apparently like to work on their new development in the middle of the night.

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