Application for variation to Deeds

onthemove2005

Hi

Has anyone come across the above? I am selling a flat with an allocated parking space and my buyer/solicitor has applied for the above re parking. The whole process appears to be painfully slow and I am really regretting agreeing to take the property off the market on the basis of being offered the then agreed asking price. It is allegedly a chain-free sale and hence should have been relatively quick. If it all goes belly up I have already lost 6 weeks of potential viewings. Any advice would be welcome.

Bossyboots

Any buyer's solicitor should have picked up on this so leaving the house on the market would not have made a difference. You may even have gone with a buyer who did not want the hassle of the variation and have them pull out. It does take time unfortunately but there is no reason for it to go belly up just because of this. Do you know what the defect in the deeds is that has caused the variation to be asked for?

hazeyj

Hiya..I would mention to your buyer that you are getting tired of waiting and I am sure that would encourage them to have a word with their sol to speed the process up. Who is paying for the deed of v and exactly why do the other side want it? What does your sol say on the situation? I was in stalemate on a flat purchase as my sol said I needed a Deed of v to go forward with the sale as it wasnt clear in the lease whose responsability it was to insure the building if the management co went bust. After 4 months of not getting anywhere I changed sols and within two weeks I had xchanged and completed on my purchase. Deed of variations are sometimes not needed it just takes a fresh (and competant) pair of eyes to read over the lease again. Leasehold purchases are complex so I would ask your buyer also if their sol has done may leasehold purchases before. :A Let me know how you get on.

onthemove2005

They are - I told my solicitor that it was not my problem and I was not paying a bean. My solicitor/clerk has said that the buyer's solicitor is being pedantic. All the other flats have changed hands in the past couple of years and the Mgt Co said that they have never had a query re the allocated parking spaces. Thanks for your replies. Will let you know what happens next.