Living room partition's a deal-breaker

Q: I signed a contract to buy a condo in New York City in "as is" condition. Although the old floor plan provided to me indicates that it is a one-bedroom, when I looked at the unit, there is a partition dividing the living room, which essentially adds a room to the unit.

This additional room is the main reason I signed the contract to buy this unit. However, the closing is now being delayed because the condo board will not approve the sale unless the seller tears down the partition.

I no longer want to purchase this condo if it does not have this extra room. In your experience, do you feel that the seller has misrepresented the condition of the unit and that I may terminate this contract and recover my deposit? What remedies would you suggest?

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