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  • FIRST POST
    • aneary
    • By aneary 19th Jun 17, 11:47 AM
    • 474Posts
    • 331Thanks
    aneary
    Seller's responsibilities
    • #1
    • 19th Jun 17, 11:47 AM
    Seller's responsibilities 19th Jun 17 at 11:47 AM
    I am aware I cannot get any money back of the seller but I'm extremely frustrated that I have now found out that there is a right of way dispute going on over my car park space with another freeholder who owns a garage which is accessible from the drive.

    Even though various solicitors are involved in the dispute the seller failed to mention this to the estate agents or my solicitors until my solicitor questioned the access.

    It is highly likely that the seller is in the right but the owner of the garage is talking about court action via his solicitor so it's no where near resolved.

    Firstly in my opinion he shouldn't have put the flat on the market with the dispute going on and secondly he should have mentioned this over a month ago when I put the offer in.
Page 1
    • davidmcn
    • By davidmcn 19th Jun 17, 11:51 AM
    • 5,777 Posts
    • 5,530 Thanks
    davidmcn
    • #2
    • 19th Jun 17, 11:51 AM
    • #2
    • 19th Jun 17, 11:51 AM
    Are you just venting, or are you seeking advice?
    • aneary
    • By aneary 19th Jun 17, 12:06 PM
    • 474 Posts
    • 331 Thanks
    aneary
    • #3
    • 19th Jun 17, 12:06 PM
    • #3
    • 19th Jun 17, 12:06 PM
    More shouldn't a seller disclose this much much earlier on. Not by law but morally.

    There isn't a chain either so it should have been a quicker transaction.
    • Guest101
    • By Guest101 19th Jun 17, 12:08 PM
    • 15,147 Posts
    • 14,746 Thanks
    Guest101
    • #4
    • 19th Jun 17, 12:08 PM
    • #4
    • 19th Jun 17, 12:08 PM
    More shouldn't a seller disclose this much much earlier on. Not by law but morally.

    There isn't a chain either so it should have been a quicker transaction.
    Originally posted by aneary


    Morally? No.


    Legally, maybe.


    that said, a dispute is just that. At the minute someone is simply claiming something. It's not been to court, or even had court papers filed.
    • aneary
    • By aneary 19th Jun 17, 12:10 PM
    • 474 Posts
    • 331 Thanks
    aneary
    • #5
    • 19th Jun 17, 12:10 PM
    • #5
    • 19th Jun 17, 12:10 PM
    No but it's going that way, he is going to get his right of way enforced or so he says.

    With this going on the seller isn't really in a position to sell in my opinion. The dispute has been going on for some time and it appears he just wants to pass it on to someone else.
    • steampowered
    • By steampowered 19th Jun 17, 12:10 PM
    • 1,681 Posts
    • 1,610 Thanks
    steampowered
    • #6
    • 19th Jun 17, 12:10 PM
    • #6
    • 19th Jun 17, 12:10 PM
    Did the seller disclose this before exchange of contracts?
    • aneary
    • By aneary 19th Jun 17, 12:14 PM
    • 474 Posts
    • 331 Thanks
    aneary
    • #7
    • 19th Jun 17, 12:14 PM
    • #7
    • 19th Jun 17, 12:14 PM
    We haven't exchanged it's come out now as the solicitor queried the access with the garage.

    Due to the lack of a chain my exchange date was due in two weeks time, it would have been quicker but the council searches take a long time.
    • Guest101
    • By Guest101 19th Jun 17, 12:14 PM
    • 15,147 Posts
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    Guest101
    • #8
    • 19th Jun 17, 12:14 PM
    • #8
    • 19th Jun 17, 12:14 PM
    No but it's going that way, he is going to get his right of way enforced or so he says.

    With this going on the seller isn't really in a position to sell in my opinion. The dispute has been going on for some time and it appears he just wants to pass it on to someone else.
    Originally posted by aneary


    I'm going to sue BT for £1mil, or so I say....


    The seller is in a position to sell, because the dispute is a land issue, it wont go away because there's a new owner. The buyer just needs to be aware of it.
    • Guest101
    • By Guest101 19th Jun 17, 12:15 PM
    • 15,147 Posts
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    Guest101
    • #9
    • 19th Jun 17, 12:15 PM
    • #9
    • 19th Jun 17, 12:15 PM
    I just don't see why you wouldn't be dropping the offer and continuing.


    Then coming to an arrangement with the neighbour.
    • glentoran99
    • By glentoran99 19th Jun 17, 12:19 PM
    • 4,590 Posts
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    glentoran99
    Just asking for clarity but is the dispute that your car parking space is blocking access to the garage, if so just park elsewhere if you want the house as it isn't a parking space
    • aneary
    • By aneary 19th Jun 17, 12:19 PM
    • 474 Posts
    • 331 Thanks
    aneary
    I'm going to sue BT for £1mil, or so I say....


    The seller is in a position to sell, because the dispute is a land issue, it wont go away because there's a new owner. The buyer just needs to be aware of it.
    Originally posted by Guest101
    It involves my parking space. ie he is disputing me being able to use it.

    There isn't any on road parking and were I live happens to be the worse place for parking in the UK excluding London.

    Therefore it could be fairly awkward living there and parking my car there.
    • aneary
    • By aneary 19th Jun 17, 12:20 PM
    • 474 Posts
    • 331 Thanks
    aneary
    Just asking for clarity but is the dispute that your car parking space is blocking access to the garage, if so just park elsewhere if you want the house as it isn't a parking space
    Originally posted by glentoran99
    The value of the flat is based on the parking space.
    • Guest101
    • By Guest101 19th Jun 17, 12:25 PM
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    Guest101
    It involves my parking space. ie he is disputing me being able to use it.

    There isn't any on road parking and were I live happens to be the worse place for parking in the UK excluding London.

    Therefore it could be fairly awkward living there and parking my car there.
    Originally posted by aneary


    Right of way is on the deeds, it's 10 minutes to check and costs £3 - so id suggest the fact he's disputing it is down to an agreement on access. Otherwise there wouldn't be much of a dispute
    • ReadingTim
    • By ReadingTim 19th Jun 17, 12:28 PM
    • 1,991 Posts
    • 2,900 Thanks
    ReadingTim
    People have differing interpretations of what is moral and what is legal, especially so when hundreds of thousands of pounds are involved.

    For this very reason, we engage solicitors, conduct searches etc. The fact that yours have proved their worth doesn't necessarily derail the purchase, it's just another opportunity for negotiation.

    However, it sounds like you've thrown the towel in already.
    • aneary
    • By aneary 19th Jun 17, 12:32 PM
    • 474 Posts
    • 331 Thanks
    aneary
    The lack of a parking space is a massive deal.

    I have no choice but to have a car, buses aren't great when you have a slipped disc.

    The current seller never parked his car there it was a BTL property so I am now concerned if the dispute has got nasty (I get the impression it has) my car could be damaged whilst being parked,

    If I had been made aware of the dispute at the time I would not have made an offer, now I have invested money and also I really love the flat it's quirky and one of kind.

    I can't understand why this was not disclosed at the begining, the EA didn't even know.
    • Guest101
    • By Guest101 19th Jun 17, 12:35 PM
    • 15,147 Posts
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    Guest101
    The lack of a parking space is a massive deal.

    I have no choice but to have a car, buses aren't great when you have a slipped disc.

    The current seller never parked his car there it was a BTL property so I am now concerned if the dispute has got nasty (I get the impression it has) my car could be damaged whilst being parked,

    If I had been made aware of the dispute at the time I would not have made an offer, now I have invested money and also I really love the flat it's quirky and one of kind.

    I can't understand why this was not disclosed at the begining, the EA didn't even know.
    Originally posted by aneary


    Because it sounds like a simple case of misunderstanding.


    Why would your car be damaged?!


    This is such a minor thing, I'd be knocking some money off and leaving it at that. The deeds will show either 1: the ROA exists or 2: it doesn't.
    • glentoran99
    • By glentoran99 19th Jun 17, 12:37 PM
    • 4,590 Posts
    • 3,578 Thanks
    glentoran99
    The lack of a parking space is a massive deal.

    I have no choice but to have a car, buses aren't great when you have a slipped disc.

    The current seller never parked his car there it was a BTL property so I am now concerned if the dispute has got nasty (I get the impression it has) my car could be damaged whilst being parked,

    If I had been made aware of the dispute at the time I would not have made an offer, now I have invested money and also I really love the flat it's quirky and one of kind.

    I can't understand why this was not disclosed at the begining, the EA didn't even know.
    Originally posted by aneary


    think you have answered that
    • Fosterdog
    • By Fosterdog 19th Jun 17, 12:38 PM
    • 3,155 Posts
    • 5,441 Thanks
    Fosterdog
    Have you found out any of the details of the dispute? It could be something that you and your potential new neighbour could come to an amicable agreement over.
    • pinkshoes
    • By pinkshoes 19th Jun 17, 12:44 PM
    • 15,174 Posts
    • 20,630 Thanks
    pinkshoes
    The lack of a parking space is a massive deal.

    I have no choice but to have a car, buses aren't great when you have a slipped disc.

    The current seller never parked his car there it was a BTL property so I am now concerned if the dispute has got nasty (I get the impression it has) my car could be damaged whilst being parked,

    If I had been made aware of the dispute at the time I would not have made an offer, now I have invested money and also I really love the flat it's quirky and one of kind.

    I can't understand why this was not disclosed at the begining, the EA didn't even know.
    Originally posted by aneary
    This information should have been declared on the SPIF form, so after the offer acceptance process.

    The EA would probably not have known.

    Just walk away, but put it in writing to the EA stating why you are withdrawing your offer so that any future purchasers can now be aware of the dispute.

    Or, just halt the purchase until the issue is resolved.

    Have you spoken to this neighbour to establish why they think they have right of way over what should be your parking space? Might be worth a tea and cake chat over it...
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • aneary
    • By aneary 19th Jun 17, 1:27 PM
    • 474 Posts
    • 331 Thanks
    aneary
    The EA didn't know he is less than impressed as he knows that the sale is probably lost plus any future sales.

    The solicitor said he will dig up some more information but his advised is that this needs to be resolved before I put pen to paper as the hassle that has been caused already will continue unless there is some sort agreement in writing. I have agreed that I can wait up to 3 months for a resolution but if it's going to take longer (likely) then I will pull out. The solicitor has also advised that I start looking for another property.

    The owner of the garage has applied for planning permission to knock down the garage and build a house in it's place, this has been rejected but this doesn't mean that something else will be applied for. In addition a taxi firm is registered at the address (although the garage doesn't have a postbox) it's all very odd.
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