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Can't seem to get management pack?

lca31
Posts: 10 Forumite
We are currently in the process of buying a house, all seemed reasonably ok, moving slowly but hey ho.
It is slightly unusual in that it is a freehold house but on a developed estate so there is an annual management charge to be paid. As part of the sale our solicitor is chasing the "management pack" from the sellers. They are now claiming they have sent everything and are ready to exchange. We want to exchange but as far as we know, we don't have the management pack. They confirm they will pay this year's management charge up front (up to Q3 2012) and apportion this out upon completion.
Any thoughts on how to resolve? Solicitors not being very helpful - any way we can go around them and get this pack directly? And what do we actually need it for? We have been provided with some info on the servuce charge, management company budgets etc but doesnt look to be the official pack!!
Also, is it acceptable for us to contact the sellers solicitors directly to try and resolve this? We asked the estate agents to do this for us once and it was far quicker than going through our own solicitor - we think our solicitor has fallen out with their solicitor in the past and this is effectively slowing things up.
It is slightly unusual in that it is a freehold house but on a developed estate so there is an annual management charge to be paid. As part of the sale our solicitor is chasing the "management pack" from the sellers. They are now claiming they have sent everything and are ready to exchange. We want to exchange but as far as we know, we don't have the management pack. They confirm they will pay this year's management charge up front (up to Q3 2012) and apportion this out upon completion.
Any thoughts on how to resolve? Solicitors not being very helpful - any way we can go around them and get this pack directly? And what do we actually need it for? We have been provided with some info on the servuce charge, management company budgets etc but doesnt look to be the official pack!!
Also, is it acceptable for us to contact the sellers solicitors directly to try and resolve this? We asked the estate agents to do this for us once and it was far quicker than going through our own solicitor - we think our solicitor has fallen out with their solicitor in the past and this is effectively slowing things up.
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Comments
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Probably wants to make sure that the sellers do not have large amounts owing in service charge - which you could be stuck with - can only really get that information direct from the management company. Man Co will charge for the information so seller probably reluctant to pay!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Thanks. Any thoughts on contacting their solicitors directly to try and resolve this, or is this not acceptable?!0
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Not acceptable - you should do so through EAs or your solicitor.
Agree, it's probably cos they're being charged an extortionate amount and have been advised it's their bill, not yours. Surprised they haven't tried to make you pay it... basically, they won't sell without it though!
Jx2024 wins: *must start comping again!*0 -
Erm when you say pack you might be expecting something glossy and bound.We have been provided with some info on the service charge, management company budgets etc but doesn't look to be the official pack!!
In most cases it is just a bundle of photocopies and by the sound of it, you may already have it!
For a house it should be a
-statement of amounts due and paid to date, the current and last 3 years budgets,
-the last 3 years accounts ( reporting what was spent)
-a letter setting out any issues or disputes or planned works that you should be aware of, and
-any regulations that have been issued that are additional to those the title to the house eg no for sale boards
and finally anything specific to the development such as access to common play areas formal residents groups etc
Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0 -
Thanks so much all for your replies. What we have recieved does appear to be a bunch of photocopies, but the accompanying email claims it to be information that the seller just happened to have on the management company (described as "documents in his possession"), and solicitor is adamant that this is not what we are waiting for and they need to provide the management pack.
Having never seen one of these before I honestly dont know whether its what we need or not. What we have comprises some letters to the seller in 2011, 2010 and 2008 (2009 is missing) from the management company requesting payment of the management charge and some details (which vary by year) on the budget and service breakdown, so it doesnt look quite complete.
Thanks for the advice re: contacting their solicitor direct - we'll hold off and keep chasing through ours!!0 -
Thanks so much all for your replies. !
Ok so I hope my list in the post gives you an idea what you should be getting, and you can say to your Sols
" what did you ask for in management information, no, not a pack, but specifically? Have we got it - Y, most of it or N?"
If N, "then why am I being pressed to exchange? Tell them when I get it, or get what we still need, we will read it and exchange but not a moment earlier"
I suspect your S has asked the vendor's S and the vendor has given what he has and, between them, think they have replied. The above "conversation" will give a clear list of what you still need.Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0 -
Thank you! I will email our solicitor again tomorrow and chase up. We are more than keen to exchange and get on with this, but obviously solicitor saying we need the pack before we exchange - just not sure where the hold up is, appears to be miscommunication (or lack of) between solicitors. Hopefully we can resolve relatively quickly and get things moving again!0
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It sounds like your solicitor has your best interests at heart and probably his for not letting you complete without the relevant information. I would trust what they are saying but ensure they are doing everything in their power to get this quickly in place.0
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