Attention condo dwellers: the Georgia Supreme Court has spoken, and unless expressly guaranteed in the purchase agreement, that spectacular skyline view you enjoy might not be there forever. That's some tough news for the eight condo dwellers at Twelve Atlantic Station who took Novare, the building's developer, to court claiming they were duped into buying their south-facing units because of the premium views. The views are still there; you just have to be able to see through the 46 story condo tower that now sits across the street.
According to the unhappy plaintiffs, the salespeople at Twelve made claims that the panorama of downtown then enjoyed by south-facing units ca. 2006 would be visible for at least the near future, with new development restricted to view-preserving low and mid-rise structures.
Well, too bad those promises weren't in writing, because Novare constructed The Atlantic right across 17th Street two years later. According to the Atlanta Business Chronicle, the unhappy plaintiffs were suing to have Novare buy back their units, in addition to paying other damages.
Initially a Fulton County judge dismissed their claim, but that decision was reversed by the Georgia Court of Appeals. This latest ruling by the Georgia Supreme Court overturned the one made by the appeals court, and it's hard to see the condo owners taking it further. For gosh sake, the contracts they signed contained disclaimers explicitly stating that buyers weren't to rely on representations made by salespeople or the developer! The ironic thing is that the north side of the building is protected by a view easement.
The condo owners gambled by signing purchase agreements that didn't offer the protections they thought they were getting, and unfortunately they lost.