Draft contract does NOT match what I was sold...

Fizzymartini

Draft contract & lease finally came through from my [STRIKE]largely absent[/STRIKE] solicitors. But there are so many inconsistencies between what I'd been told (separately told to my surveyor, so it's in the survey), and what's in the actual paperwork!

The lease is 26 years less than originally stated.
My share of service charges is not pro rata (I'm liable for a third, but my flat is only 1/4 the size of the other two flats!).
The ground rent is twice the amount agreed.

Am I right in saying this is a serious case of misrepresentation? I've told my solicitors to sort it out but :mad::mad: I don't know who to blame; the V, the V's solicitor or the EA...

loubel

Is this a new lease?

If so, your solicitor can try to negotiate the terms with the landlord based on how they represented the sale to you.

If not, there's nothing your solicitor can do about the terms of the lease. It's not uncommon for sellers not to know the exect details of their lease so I'd be surprised if the seller misled you deliberately.

jibbyboo

I find it so bizarre that when purchasing a place you still have a LL. That must be super irritating! Plus lease renewal on top...

Fizzymartini

I know, Jibbyboo! I have to remind myself that purchasing a leasehold is really just like a lifelong rental. The convenants and limitations are really quite bizarre when it's your own home...

loubel wrote: »

Is this a new lease?

If so, your solicitor can try to negotiate the terms with the landlord based on how they represented the sale to you.

Yes, this is a new lease. Both I, and my surveyor, were always told right from the start that it'd have a new lease of 125 years upon completion. But the paperwork states only 99 years :mad:

Fire_Fox

A leasehold property is not really your own home, a leaseholder is a longhold tenant, a freeholder is a superior landlord. IMO it's better to have this system, it's a nightmare trying to coordinate repairs and maintenance and general consideration of other residents in the block when each flat is freehold.

If your conveyancing solicitor is useless, ask for a different one in the practice or switch to another practice altogether. PITA yes, but you need one that will work for you and not make mistakes, this is tens or hundreds of thousands of pounds you are spending.

Just return the draft and ask for all the errors to be corrected. You have not been missold anything, your position is that you are buying a 125 year lease, lowe ground rent, lower percentage of service charge.

It's actually not that uncommon for each flat to pay the same proportion regardless of size or at least not pro rata based on square footage BTW. What is fair really depends on what services you are paying for, bear in mind a downstairs flat might not really 'use' the lift or mind if the roof leaks, a corner flat might do best out if window repairs and replacement are included, everyone benefits from well lit corridors and fire alarm testing.

G_M

Fizzymartini wrote: »

Draft contract & lease finally came through from my [STRIKE]largely absent[/STRIKE] solicitors. But there are so many inconsistencies between what I'd been told (separately told to my surveyor, so it's in the survey), and what's in the actual paperwork!

The lease is 26 years less than originally stated.
My share of service charges is not pro rata (I'm liable for a third, but my flat is only 1/4 the size of the other two flats!).
The ground rent is twice the amount agreed.

Am I right in saying this is a serious case of misrepresentation? I've told my solicitors to sort it out but :mad::mad: I don't know who to blame; the V, the V's solicitor or the EA...

I doubt there is a legal case for misrepresentation here, and even if there were, it would be stressful, time-consuming, and expensive to pursue.

However, if what you are being offered in the contract does not match what you thought you were buying then you have 4 options:

1) re-negotiate the purchase price (explaining why the lease is of less value to you than you originally believed)
2) get the terms of the lease adjusted (if a new lease this may be easier than if an existing one)
3) swallow hard, and buy as per the contract
4) walk away

tim123456789

depending upon what you were (incorrectly) told and by whom you may have a case against the EA (as a proxy for the vendor).

But this isn't the solicitor or surveyor's fault.

Fizzymartini

Thanks, all. I'm just feeling frustrated. I know it's not the solicitor's fault, but I'm tired of not hearing anything from them whenever I have a query. When I first instructed them, they were all too happy to reassure me that they'd guide me through the process as an FTB. All smelling of roses.

Now, whenever I have any questions, they seem to be ignored. They're not there when I phone. I sent them my Homebuyer's Report and have written out the lease/ground rent/service charge agreement before in an email, so frankly, I'm stumped and slightly offended that they didn't even notice the discrepancy. And worst of all - the address is incorrect on all the paperwork! Makes me wonder if they've even read it before sending it over

Maybe I'm overreacting because I'm tired and it's the end of the week...

Thrugelmir

Fizzymartini wrote: »

Now, whenever I have any questions, they seem to be ignored. They're not there when I phone. I sent them my Homebuyer's Report and have written out the lease/ground rent/service charge agreement before in an email, so frankly, I'm stumped and slightly offended that they didn't even notice the discrepancy.

Does someone try and do your job when you are at work? Tell you what to do, what to check.

The lease is the definitive document. If it differs to what you've been told. Then it's up to you to. Start by talking to the EA and explaining the discrepancies. Let them speak to the vendor. Then see how matters unfold.