Honestly, I did not make this up... Unbelievable situation please help

khattam

In 2003 I bought a converted victorian ground floor and basement flat. It took a little longer than usual for the sale to complete as there was an issue with the basement (2nd bedroom) not being included in the lease. After several months a variation to the lease was drawn up to include the basement(deed of variation).

My partner and I have now spent seven years in the flat and have finally decided on selling. The intention is to move out and rent so we can look for somthing without the hassle of trying to sell. We sold the flat but a week before exchange we were told that there was once again an issue with the basement. Unknown to us there was an issue submitting the deed of variation to Land Registery that still has not been resolved in the last seven yearsand we were not informed about this.

Here is where it starts to get bad...
- The freehold is in the name of a person who is dead so the deed ofvariation cannot be submitted as it's in the name of the management company (wrong from the start).
- There are 3 executors to his will, two are his daughters who are directors of are management company and his wife. All three need to sign a document so that we can register the variation.

This is the impossible bit...
- His wife is an alcoholic and has just been committed to a mental health institute.
- She lives in Australia
- That's Brisbane where there has just been major flooding

All we have to go on to resolve this is that the management company are going to email the legal guardian. This does not fill me with hope.

After you finish laughing in astonishment any ideas would be very appreciated.

Emmzi

Take action against your solicitor? 7 years is a long time not to get a deed lodged!

BitterAndTwisted

Yep, speak to the solicitor who did the original conveyancing.

PasturesNew

I opened the thread thinking "Yeah, heard it all before....." ... but blimey! You really do win the award of "problem of the year".

Good luck.

khattam

I have actually spoken to the original solicitor who was very very co-operative. He said to me that this was going on until 2006, three years after we had bought. They realised then that it was a problem but they didn't inform us. Ultimately, I do feel that the ball was in our management companies hands as they were the only people able to resolve it.

RAS

You paid your old solictor to do a job. They did not complete it. They need to do this now, urgently.

ILW

khattam wrote: »

I have actually spoken to the original solicitor who was very very co-operative. He said to me that this was going on until 2006, three years after we had bought. They realised then that it was a problem but they didn't inform us. Ultimately, I do feel that the ball was in our management companies hands as they were the only people able to resolve it.

If your solicitor let you complete thinking this was all sorted, I would think you have grounds to sue him for any consequential loss.

zzzLazyDaisy

You need to go back to the solicitor who dealt with the purchase for you.

You have to give them the opportunity to correct this mistake, and if necessary you will need to go through their complaints procedure. If you are still not satisfied you may make a complaint to the Legal Ombudsman and ask them to investigate - tel 0300 555 0333.

But your first port of call should be the solicitor who is dealing with the sale for you, as s/he is the best person to advise you and should also contact the previous solicitor on your behalf.

EDIT just read your second post - tbh it is not good enough that they realised there was a problem, but did not inform you and did nothing to resolve it. That is simply not acceptable.

khattam

ILW wrote: »

If your solicitor let you complete thinking this was all sorted, I would think you have grounds to sue him for any consequential loss.

Well as the variation was drawn up in our name they could only have discovered this on completion. Having said that though, they should have noticed the discrepancy between the freeholder and the name on the variation of the deed.

Spoke to a solicitor but he think we would have to wait until we effectively loose something, such as our buyers. Definately going to explore this further.

khattam

I am going to call the original solicitor tomorrow as I need to update him on how things are progressing. I can't see him being much help though.

Cissi

khattam wrote: »

I am going to call the original solicitor tomorrow as I need to update him on how things are progressing. I can't see him being much help though.

...unless you're prepared to take this to the Legal Ombudsman as suggested above.