The suit of is over the sale of a penthouse located at 200 Chambers Street, according to the New York Post. The luxury Penthouse C includes 4.5 bedrooms, as well as floor-to-ceiling windows with “eye-popping views.”
While Wilkenfeld is still buying the place (and plans to close on it some time this month), he asserts that Hedaya lied to him about the size of the apartment he signed a contract on in November of last year.
Wilkenfeld alleges that he saw in the condominium-offering plan that the apartment measures 4,548 square feet. However, Platinum denies the claims and insists to have marketed the unit as a 4,700-square-foot apartment.
While the businessman accepts that Hedaya attributed the difference to the inclusion of hallway space, he maintains that the unit is still 96 square feet smaller than advertised.
Lawsuits aren’t rare in the world of expensive Manhattan condos, but this case has garnered interest lately as it involves two different issues: first is the unit’s actual size, but the second is the question of where a broker’s loyalty lies. Wilkenfeld maintains that Hedaya failed to disclose that he was representing the buyer at the same time, which is commanded under state law.
Now, Wilkenfeld is seeking $2.1 million— which comes to four times Hedaya’s commission— as well as the difference between the $13 million sale price and the unit’s value at the larger size.
Wilkenfeld recently asserted that he was “pressured” to sign the sale contract in a hurry during Hurricane Sandy.
Neil Capobianco, Platinum’s lawyer, did not respond to the Post’s request for comment.