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Adam Leitman Bailey, P.C. Swiftly Overcomes Obstacles to Property Sale Posed by Architectural Designer

Adam Leitman Bailey, P.C. successfully represented an owner of vacant property in Sag Harbor in persuading the client’s former architectural designer to cease making meritless objections to the client’s efforts to sell the property.

The client had previously retained the designer to design plans for construction of a single-family house on the property. However, the client was forced to abandon her construction plans when the designer suddenly informed her that the construction would cost twice as much as he had previously estimated. The client paid the designer the entire amount that would have been owed him, under the contract, in the event that the designer had completed his duties in both the design development and construction phases of the project. This was so notwithstanding that the designer had not yet submitted architectural plans for approval by the village department of buildings, which was required for the design development phase. In addition, the designer had not advised the client regarding the administration of the construction contract, as required for the construction phase, because construction of the project had not yet begun.

Nonetheless, when the client attempted to sell her property, the designer told prospective purchasers that the client still owed him money and that if they purchased the property they would have to pay him the balance. The designer also claimed that the client could not provide any purchaser of the property with the plans that the designer had prepared, although the contract between the client and the designer expressly permitted her to do so. Fearful of liability to the designer, realtors would not list the property for sale as long as the designer continued to maintain his objections.

The client wished to sell the property quickly, because the summer property selling season was rapidly approaching and she did not wish to lose out on any opportunities resulting from further delay.

Adam Leitman Bailey, P.C. contacted the designer, first directly and then through counsel, and demanded, through both telephone calls and letters, that the designer cease and desist from claiming the client continued to owe him money and that she could not provide the plans to a purchaser of the property, and that he submit the plans for the property to the village’s building department. In the event the designer did not agree to the demands, Adam Leitman Bailey, P.C. promised to file a lawsuit against the designer, and obtain news coverage in connection with the suit that would be unfavorable to the designer.

In less than two weeks, the designer agreed to all of the client’s demands, without needing to resort to real estate litigation. The client was able to list her property for sale. After the designer had so acceded, the client wrote to Adam Leitman Bailey, P.C., thanking the firm, and others involved, for the successful resolution of the matter:

Thank you everyone!

You each played an important role to our releasing this beautiful listing page.

         * * *

Adam, for doing what you do best and scaring the opposition into submission. You are the reason Bill caved. No question.

Brandon, for supporting Adam.



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