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Seller's responsibilities

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13

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  • aneary
    aneary Posts: 921 Forumite
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    I think you are underthinking.

    My solicitor is concerned that it's serious I suspect he is more qualified than you.

    My query was shouldn't the seller have declared this at the beginning.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    aneary wrote: »
    I think you are underthinking.

    My solicitor is concerned that it's serious I suspect he is more qualified than you. - Depends in what field? Solicitors, by their nature are protecting themselves from you and from the lender. A Right of way or right of access aren't that big a deal that it would prevent ANY future sale.

    My query was shouldn't the seller have declared this at the beginning.



    The answer is no, they shouldn't. Because it's just a dispute.


    What if I said you owed me £1mil? Would you declare that you your lender?.....
  • lincroft1710
    lincroft1710 Posts: 17,643 Forumite
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    aneary wrote: »
    My solicitor is concerned that it's serious I suspect he is more qualified than you.

    My query was shouldn't the seller have declared this at the beginning.

    Ask your solicitor, he is probably more qualified than most of us on here to answer your question.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • ReadingTim
    ReadingTim Posts: 3,970 Forumite
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    edited 19 June 2017 at 2:30PM
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    aneary wrote: »
    I think you are underthinking.

    My solicitor is concerned that it's serious I suspect he is more qualified than you.

    My query was shouldn't the seller have declared this at the beginning.

    Your solicitor is also telling you to find somewhere else, so I would heed that advice, and put your time, money and energy into finding a different property rather than trying to retrospectively "prove" that the vendor lied, deceived you, omitted to tell the truth etc.

    In other words, get over it and move on.
  • aneary
    aneary Posts: 921 Forumite
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    We'll we have proved that he lied.

    I just think he should have told the truth from the beginning.

    The EA didn't know and they are really unhappy as they have lost money from the sale and in the meantime aren't getting the fees they were when it was let out, basically everyone has lost out.

    I really do think there should be a better situation with buying in this country, through no fault of my own I've lost time (this does matter my tenancy ends in 6 weeks) and depending on solicitors fees nearly £1k which will mean my deposit will have to be reduced by £1k as I only budgeted for one lot of valuation fees, home buyers reports and £2k of solicitors fees.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    aneary wrote: »
    We'll we have proved that he lied.

    I just think he should have told the truth from the beginning.

    The EA didn't know and they are really unhappy as they have lost money from the sale and in the meantime aren't getting the fees they were when it was let out, basically everyone has lost out.

    I really do think there should be a better situation with buying in this country, through no fault of my own I've lost time (this does matter my tenancy ends in 6 weeks) - have you given notice? if not, then it doesn't end and depending on solicitors fees nearly £1k which will mean my deposit will have to be reduced by £1k as I only budgeted for one lot of valuation fees, home buyers reports and £2k of solicitors fees.



    The issue here isn't the buying process. It's the understanding of what a dispute is.
  • aneary
    aneary Posts: 921 Forumite
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    So update

    The facts are that next to the house (which is divided into four flats) is a garage which has a bit of land in front of it. In front of the land is a parking space, you cannot access the garage without crossing the parking space. According the the land registry there isn't a right of way but the garage owner believes there is or at least should be.

    Since January 2016 there has been letters between the garage owner and my seller's solicitors arguing the right of way. The garage owner has threatened to tow or clamp any cars in the parking space and wants to go to court to get a judge to decide the right of way.

    Now whether he can legally clamp or tow my car away doesn't mean he will not just do it, causing me massive inconvience. In addition I will walk into a massive legal debate which could cost me a lot of money in legal fees even if I was to get it back, as the garage owner has already asked for my contact details to inform me that I won't be able to park my car when I move in.

    I think it's terrible that the owner has not only not mentioned this but only did after a lot of pushing, clearly until the above is resolved he isn't in a position to sell.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    aneary wrote: »
    So update

    The facts are that next to the house (which is divided into four flats) is a garage which has a bit of land in front of it. In front of the land is a parking space, you cannot access the garage without crossing the parking space. According the the land registry there isn't a right of way but the garage owner believes there is or at least should be. - Some people believe in magic and ghosts and fairies etc. too

    Since January 2016 there has been letters between the garage owner and my seller's solicitors arguing the right of way. The garage owner has threatened to tow or clamp any cars in the parking space and wants to go to court to get a judge to decide the right of way.

    Now whether he can legally clamp or tow my car away doesn't mean he will not just do it, causing me massive inconvience. - and getting himself arrested... In addition I will walk into a massive legal debate which could cost me a lot of money in legal fees even if I was to get it back, as the garage owner has already asked for my contact details to inform me that I won't be able to park my car when I move in. - and? tell him to foxtrot oscar

    I think it's terrible that the owner has not only not mentioned this but only did after a lot of pushing, clearly until the above is resolved he isn't in a position to sell.



    So walk away.


    Personally id be knocking money off for what seems to be a bargain
  • aneary
    aneary Posts: 921 Forumite
    edited 21 June 2017 at 4:48PM
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    I have walked away.

    I need a parking space and I don't need the hassle as it's likely that he will be around and confront me, now he could be a little man but he might not be.
  • eddddy
    eddddy Posts: 16,440 Forumite
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    aneary wrote: »
    I have walked away.

    I tend to agree with your sentiment.

    Whoever is right or wrong, it doesn't make sense to 'buy yourself into' a neighbour dispute that's so bad that solicitors are involved.


    Unless perhaps, if the property is a bargain and you can negotiate a solution before exchanging contracts.

    e.g. You agree to "sell" your parking space to the neighbour, in exchange for one of his garages - if that's acceptable to you. With all the transfers, right of ways etc handled by your solicitor.
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