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Ignore- wrong board

laurenzo99
laurenzo99 Posts: 135 Forumite
edited 5 September 2010 at 5:42PM in House buying, renting & selling
Wrong board

Comments

  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Don't ask us - ask your solicitor tomorrow morning.

    I take it date of entry is 1 Oct - have missives been concluded for the sale?

    Look at this page for the 'standard clauses' relating to sales in Scotland - pick the one appropriate to your area, and look for the equivalent of paras 5 and 6 from the Edinburgh version - I think the relevant points are in bold below

    -

    5. STATUTORY NOTICES
    (a) Any Local Authority (or other public body) notices or orders calling for repairs or other works to the Property dated prior to or on the date of conclusion of the Missives (or any other work affecting the Property agreed to or authorised by the Seller outstanding at the Dat!i of Entry) will be the responsibility of the Seller. Liability under this condition will subsist until met and will not be avoided by the issue' of a replacement notice or order.
    (b) The Seller warrants that he has not received written notification of, approved, entered into or authorised any scheme of common repairs or improvement affecting-any larger building of which the Property forms part. Where the Seller approves, enters into or authorises any such scheme or where any such scheme is instructed, the Seller shall remain liable for his share of the cost of such works. Details of any such scheme will be disclosed to the Purchaser prior to settlement.
    The Seller 'undertakes ·not to enter into, approve or otherwise authorise any such scheme prior to settlement without the consent of the Purchaser.

    (c) When any work in terms of clauses (a) or (b) above is incomplete or unpaid for at the Date of Settlement the Purchaser will be entitled to retain from the Price a sum equivalent to the estimated cost of the Seller's share of such works (which estimate shall be augmented by 25%). Such retention shall be held in an interest bearing account by the Purchaser's solicitor pending settlement of the Seller's liability. The retention shall not be released or intromitted with without
    the written authority of the solicitors for both parties. Any shortfall will remain the liability of the Seller.
    (d) On issue of invoices for such works in terms of clauses (a) and/or (b) above by the Local Authority or other authorised party the retention shall be released to make payment of such invoices as soon as reasonably practical.
    (e) Notwithstanding any other term within the Missives, this condition will remain in full force and effect without limit of time and may be founded upon until implemented.
    (f) Without prejudice to the above, the Purchaser may retain from the Price such sum as is reasonably required to meet any costs for which he may be contingently liable under Section 10(2) of the Title Conditions (Scotland) Act 2003 or Section 12(2) of the Tenements (Scotland) Act 2004. Such retention shall be held in an interest bearing account by the Purchaser's solicitor pending settlement of that liability. The retention shall not be released or intromitted without the written authority of the solicitors for both parties. Any shortfall will remain the
    liability of the Seller.
    (g) Prior to the Date of Entry the Seller will provide full details of any common repairs in respect of which a notice of potential liability for costs has been or is to be registered.


    6. PROPERTY MANAGEMENT AND FACTORS
    Where the Property is part of a larger building or of a development, it is a condition that:
    (a) common charges will be apportioned between the Seller and the Purchaser as at the Date of Entry on the basis that the Seller will be responsible for all common repairs and improvements carried out, instructed or authorised on or prior to the Date of Entry;
    (b) there are no major repairs or improvements proposed, instructed, authorised or completed but not yet paid for in respect of the Property or the larger .building or development of which it forms part;
    (c) evidence of any block insurance policy wi ll be exhibited prior to the Date of Entry; and
    (d) all other outgoings and charges payable in respect of the Property will be apportioned as at the Date of Entry.
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Ah, well.....
This discussion has been closed.
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