Parking Bay option removed after legal proceedings started

Alter_ego

The main option is of course to pull out of the sale, If it's a property you already live in I guess that's all. You could try complaining to the chief exec of the HA that you have been misled.

mark7144

CLAPTON wrote: »

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

For both.

AMILLIONDOLLARS wrote: »

As others have said, as you have not exchanged contracts, you can walk away from the deal.

I can walk away but that would be a huge failure for me. I'm desperate to get this flat but can't live there without parking.

Alter_ego wrote: »

The main option is of course to pull out of the sale, If it's a property you already live in I guess that's all. You could try complaining to the chief exec of the HA that you have been misled.

Thank you, I will send an email to the CEO/MD.

Jeffrey_Shaw

'No exchange of contracts' means, of course, that neither party is bound by anything. Alter ego is correct.

££sc££

Sorry misread post earlier.

Afraid i don't have any advice, other than to go through HA's complaints process. Whilst they may not now be able to get you a space, if they didn't get any from developer, you could put in a compensation claim to the HA for your losses as you say they have 'misold' you something. Might be worth a shot

mark7144

Jeffrey_Shaw wrote: »

'No exchange of contracts' means, of course, that neither party is bound by anything. Alter ego is correct.

Great. So it's perfectly fine to be missold something leading to people to get a mortgage and start legal proceedings as long as the final stage isn't completed.

It's outrageous - that's hundreds of pounds I will lose now.

Jeffrey_Shaw

No. The final stage is completion; only then does ownership change hands.

DVardysShadow

mark7144 wrote: »

Great. So it's perfectly fine to be missold something leading to people to get a mortgage and start legal proceedings as long as the final stage isn't completed.

It's outrageous - that's hundreds of pounds I will lose now.

OK, so contracts not exchanged. You lose hundreds of pounds. That is a well known risk of the system. It is the downside of not being committed when you make an offer until you have satisfied yourself by means of solicitors searches and survey and got your self a mortgage. The up side is that you have not made a loss of tens or hundreds of thousands.

mark7144

££sc££ wrote: »

This is a bit confusing, are you sure you've exchanged contracts for a parking space, if so there will be something that can be done.

No contracts have been exchanged for parking or the property. Sorry for not being clear earlier.

££sc££ wrote: »

Does the contract or lease you have signed mention the parking space? Was your solicitor aware this was part of the deal?

No contracts but the reservation was signed with deposit, and legal proceedings started, based on the Housing Association telling me an optional parking space will come with my flat although it would not technically be part of the flat purchase. The developer later confirmed, even asking for my solicitor details to begin the purchase of the parking space.

The solicitor was aware of the parking situation and said they would include it in my conveyancing quote for the flat purchase.

££sc££ wrote: »

Is the price you're paying for the property £20k more than what it was going to be but they are not giving you the parking space? If so, i'm surprised you got the mortgage ok?

They are two seperate purchases but the Housing Association were told by the developer that a parking bay could be purchased with each flat and therefore they promoted that benefit at point of sale. As mentioned above, the developer also confirmed I could purchase a parking bay in an email to me.

Jeffrey_Shaw wrote: »

No. The final stage is completion; only then does ownership change hands.

DVardysShadow wrote: »

OK, so contracts not exchanged. You lose hundreds of pounds. That is a well known risk of the system. It is the downside of not being committed when you make an offer until you have satisfied yourself by means of solicitors searches and survey and got your self a mortgage. The up side is that you have not made a loss of tens or hundreds of thousands.

OK I understand but it is without a doubt unethical.

DVardysShadow

mark7144 wrote: »

... OK I understand but it is without a doubt unethical.

I agree. I once lost £1200 on an abortive purchase, which would have been £250,000 of grief. I tend to look on it as money well spent.

The problem is that so many people come here having lost money on an abortive purchase and express their pain. It is far from clear which of them know it was always risk money and are expressing a bit of justifiable frustration and which feel genuinely cheated.

In your position, I would be telling my solicitor to do nothing until instructed. I would look around other property and take my time. If I found something I liked, I would pull out of the present deal, in order to get my solicitor on board for that, but otherwise, I would just let the present deal hang to see if a parking space becomes available.

Definitely, though, a letter to the planning authority, to let them know that the parking spaces are being sold separately. I doubt it will make a difference for you, but it does let the planners know that they are being taken for fools.

mark7144

That's exactly what I plan to do... delay as long as possible and keep a look out around that area.

Once the Housing Association start giving me a deadline, I will then tell them I'm pulling out. Then if I'm very lucky, this might push them to speak to the developer again and see if they can persuade them to change their mind.