Parking Bay option removed after legal proceedings started

mark7144

I'm buying a flat from a Housing Association under Shared Ownership scheme by the government.

At the time of purchase the Housing Association, and the developer, told me I could buy a parking bay with my flat. I have the following in email from the developer:

"I have now had feedback from the Sales Director, and car parking spaces are available at £20,000.
If you would like to go ahead please can you forward to me your Solicitor’s details."

Secure in the knowledge I could have a parking bay, I started the legal proceedings which have been going on for a few weeks now.

However, the developer has now come back and told me they have changed their mind and will in fact only offer the parking bays to commercial buyers for the moment. I'm very upset about this, it seems completely unfair and I'm assuming legally wrong?

Please can someone advise how I can force the developer to stick to what they originally said at the point of sale and provide me with one of the parking bays?

oldone_2

If you have not already exchanged contracts, tell the developer that you want a flat with parking space, and if they cannot provide one, you will be looking elsewhere.

mark7144

Not sure exactly what you mean, the conveyancers have exchanged contracts with the Housing Association, I know that much.

Looking elsewhere is my last resort, I want to pressure them into giving me the parking bay but was hoping there is some advice out there that can help me make my case. I feel surely I have a legal right as it was offered at point of sale and they are still available but have chosen to offer them to first offer them to commercial buyers.

I've spent months of time and research into this flat, looking elsewhere would be a terrible loss for me.

Techno

Check with your local council re any planning requirements for residents parking. I know with ours there are often requirements for a certain amount of off road parking for the tenants of any new apartment blocks or the planning isn't given - worth a try.
Have you got anything in writing/an e-mail from the develpers or was it a verbal offer? Have you asked your solicitor if they had anything?

mark7144

Hi Techno,

Yes, this was sent in an email from the developer:

"I have now had feedback from the Sales Director, and car parking spaces are available at £20,000.
If you would like to go ahead please can you forward to me your Solicitor’s details."

I will send an email to my conveyancer and see if they can give me advice as well.

DVardysShadow

mark7144 wrote: »

Not sure exactly what you mean, the conveyancers have exchanged contracts with the Housing Association, I know that much.

Contracts Exchanged? Game over. You should have involved your conveyancer either to take up the option or get it into the contract.

mark7144

I've just heard back from my conveyancer and he has said,

"Unfortunately there is nothing really you can do as exchange of contracts have not taken place."

I can't believe this, there must be something I can do!

Alter_ego

If contracts have not been signed by you and exchanged your options are open to pressure them, you could pull out if you wish
BTW have you read all the bad things about shared ownership

mark7144

Hi Alter ego,

Yes, no contracts exchanged, so can you tell me what "options" I have to pressure them? I assume nothing legally going by what the solicitor said.

I've read about Shared Ownership on MSE but for this particular part of London, it makes sense for me.

CLAPTON

when you say exchange of contracts hasn't taken place, do you mean for the flat or the parking palce?

AMILLIONDOLLARS

So you were happy to pay the extra £20K for the parking. If there is no parking, your purchase price should be reduced by 20K. As others have said, as you have not exchanged contracts, you can walk away from the deal.

AMD