should I-the buyer pull out??what would you do

ajex

After lot of hassles my Abbey mortgage valuation went thru and got mortgage offer - took 6 weeks time ;accepting the agreed price..

Going in for apartment 3 bed with 100 year lease ,allotted parking and garage..The same is mentioned in HIP as well..

in the official copy of the register of the title there is no mention of allotted parking which was advertised and shown physically to me though for other flats in the same block it is mentioned separately ..

My solicitors follow up with sellers solicitors has not yielded any result in last 2and 1/2 weeks

After raising this issue with seller thru EA (uncoperative EA who thinks his sole responsibility is towards seller and any time he spends answering my queries,he is doing me a favour );today EA has clarified that the parking which was advertised has been allotted by managing committee and seller will try to get some documentation...

Now even if that is true I am worrying that if it is not in title of register can I sell it onwards when I want to upsize or probably that parking will be at the discretion of managing committee then( I know something for my solicitors to advise me)

Funnily seller is refusing to meet me face to face ..( I have not met him at all,all dealing thru EA who kept on telling me when my mortgage was not thru that he is there to protect sellers interests)

to complicate the matter EA mislead us earlier advising that sellers have had their purchasing property valuation booked and tells us now that they have not sorted their mortgage and this after EA warning me 3 weeks earlier to put up the Flat on the market again claiming I am taking too long to sort my mortgage and they will relist the property..

And now EA tells me sellers are way behind me in the process and have not had valuation booked on the property they are buying though thankfully that property is vacant so no chain there..

So after 9 weeks of me putting in an offer the sellers have not clearly sorted legal issue about parking and also not sorted their mortgage..(I am still happy with the price and the property itself )

What would you do if you were in my position and why??

Advice very much valued and thanks for reading my longish post...:beer:

G_M

Start looking for somewhere else using different agent(s).
Simultaneously give the vendors (via solicitors) a deadline to come up with the documentation you need and/or renegotiate price based on the lack of parking space.

tabskitten

I agree with the above and definitely the deadline part!!

ajex

Thanks for the advice will start looking for alternatives parallaly giving deadline to sellers on that note is it usual for a seller to be not at all interested in meeting buyer and does that not affect the trust aspect...

so my inference that anything promised when property was advertised should appear in the register of title is spot on!!!???

Asking my solicitors about parking space which may be that there but will it be mine or allotted by managing committee and can I include it in future sale of the flat..

Renegotiating is not an option for me as I need 2 parkings..

Thanks again and more comments welcome..

G_M wrote: »

Start looking for somewhere else using different agent(s).
Simultaneously give the vendors (via solicitors) a deadline to come up with the documentation you need and/or renegotiate price based on the lack of parking space.

zappahey

ajex wrote: »

Thanks for the advice will start looking for alternatives parallaly giving deadline to sellers on that note is it usual for a seller to be not at all interested in meeting buyer and does that not affect the trust aspect...

We never met our buyers, nor did we meet the sellers when we bought.
As a seller, the EA is there to deal with the sale and is being paid well for it, so why would I want to meet the buyer?

dander

Personally I would make it clear to the estate agent that your offer was placed on the basis that the flat was advertised with this allocated parking and if it doesn't exist then you will withdraw the offer. The loss of commission on the non-sale could well get him moving. Also speak to your solicitor and ask them to make it clear to the vendors side that this is a deal-breaker for you.

I think you would be right to walk away from the purchase if they can't provide the documentation. Allocated parking can make a big difference in the value of a flat and you need to know that you are getting what you pay for.

ILW

If the two parking spaces are a necessity to you, then get it all confirmed or walk away. Easy decision really.

ajex

Yeah ,have asked my solicitor to issue 1 week deadline to sellers solicitors to prove the legal status of parking and resolve all pending legal queries ..

Else I walk...

dander wrote: »

Personally I would make it clear to the estate agent that your offer was placed on the basis that the flat was advertised with this allocated parking and if it doesn't exist then you will withdraw the offer. The loss of commission on the non-sale could well get him moving. Also speak to your solicitor and ask them to make it clear to the vendors side that this is a deal-breaker for you.

I think you would be right to walk away from the purchase if they can't provide the documentation. Allocated parking can make a big difference in the value of a flat and you need to know that you are getting what you pay for.

flimsier

G_M wrote: »

Start looking for somewhere else using different agent(s).
Simultaneously give the vendors (via solicitors) a deadline to come up with the documentation you need and/or renegotiate price based on the lack of parking space.

This is what I would do.

tabskitten

ajex wrote: »

Yeah ,have asked my solicitor to issue 1 week deadline to sellers solicitors to prove the legal status of parking and resolve all pending legal queries ..

Else I walk...

Have you had a responce to that?
I think that in the current climate they would be mad to lose a buyer!

ajex

Nope just raised the query first thing in the morning and want to give seller adequate time to be fair..

tabskitten wrote: »

Have you had a responce to that?
I think that in the current climate they would be mad to lose a buyer!