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    • Ali71
    • By Ali71 3rd Dec 17, 10:50 PM
    • 20Posts
    • 3Thanks
    Ali71
    Buyer wants guarantee on repairs
    • #1
    • 3rd Dec 17, 10:50 PM
    Buyer wants guarantee on repairs 3rd Dec 17 at 10:50 PM
    Hi all,


    Hope someone can offer advice. Am selling flat, and everyone in chain wants to exchange Monday or Tuesday. My buyer has identified some maintenance that he wants done, and my lease says costs to be split between leaseholders. My buyer wants me to pass his quote on to other leaseholder and get a promise he will pay for half.


    The quote is questionable, the biggest part of it is for something that I know doesn't need doing. They threw this spanner in the works at the end of last week. I said I can't see the point because it's in the lease that the two flats pay half and how can I pass on someone else's quote and ask the l/h to pay for it? The other l/h will undoubtedly want other quotes to compare and this will take time.


    I think buyer is concerned because I have never asked other l/h for a contribution to works I have done. I have just done them. My solicitor says the buyers are being pedantic, it's in the lease so they can recoup half the expenses if they want to. No service charges. And I own freehold. Which they are buying with the flat. Asked solicitor if I should drop the price by a couple thousand and he said you could but why throw away thousands when you don't need to?


    So I have said don't exchange until they are happy to take the flat as is and arrange any quotes/work/payment afterwards once they own it. Or I will withdraw. Which will be a shame, as there are two more parties ahead of me in chain, BUT I don't want to be left in a situation where my buyer exchanges then realises it may take a while to get this sorted out and refuses to complete, leaving me with no sale and owing financial penalties for non completion. Is this a weird situation? Anyone had something similar happen? Or is it me being pedantic?
Page 1
    • davidmcn
    • By davidmcn 3rd Dec 17, 10:55 PM
    • 6,286 Posts
    • 6,066 Thanks
    davidmcn
    • #2
    • 3rd Dec 17, 10:55 PM
    • #2
    • 3rd Dec 17, 10:55 PM
    I think your approach sounds fine. A prospective buyer can't (reasonably) dictate future common repairs, they just need to consider the property as it currently is.
    • eddddy
    • By eddddy 4th Dec 17, 12:07 AM
    • 5,550 Posts
    • 5,233 Thanks
    eddddy
    • #3
    • 4th Dec 17, 12:07 AM
    • #3
    • 4th Dec 17, 12:07 AM
    And I own freehold. Which they are buying with the flat.
    Originally posted by Ali71
    Assuming you mean you are the sole freeholder - that means the buyer will become the new sole freeholder, and can arrange any repairs.

    The other leaseholder has already covenanted (or promised) to contribute to the costs of repairs by buying the lease.

    There's no added benefit from asking the other leaseholder to 'promise' again, by signing another document.
    • G_M
    • By G_M 4th Dec 17, 12:44 AM
    • 42,330 Posts
    • 49,170 Thanks
    G_M
    • #4
    • 4th Dec 17, 12:44 AM
    • #4
    • 4th Dec 17, 12:44 AM
    As above.

    Politely advise him that as freeholder he'll be able to arrange repairs and the respective leaseholders will pay the costs as specified in their leases.
    • Ali71
    • By Ali71 4th Dec 17, 8:50 AM
    • 20 Posts
    • 3 Thanks
    Ali71
    • #5
    • 4th Dec 17, 8:50 AM
    • #5
    • 4th Dec 17, 8:50 AM
    Thanks for that advice people. I can feel my blood pressure lowering........
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