Who is responsible for paying for the management agents pack?

ffor99

Hello,

I'm in the process of buying a freehold property where the grounds are maintained by a management agency.

My solicitor has requested for a "management pack". Apparently the vendor is responsible for obtaining this and therefore must pay a fee of £295. However, the vendor is refusing to pay this and my solicitor has said that they cannot sell the house without doing so.

Is the above a fair statement? Who is obliged to foot the bill? Could the sale of the house fall through down to this issue?

I'm about 8 weeks into the process so keen to get this resolved ASAP!

Many thanks in advance

moromir

Essentially your Solicitor has written to the vendor's Solicitor asking certain questions.

The vendor's Solicitor then asks management company for the information to answer those queries if the vendor cannot answer them.

"normally" the vendor would pay to retrieve this information since it is him that needs it in order to progress his sale.

Your Solicitor, if he is worth what you're paying him, won't let you / will strongly encourage you not to proceed without the replies.

Your mortgage lender could also potentially refuse to lend without answers to certain queries.

Sounds like your vendor is being dead cheeky to be honest.

Yorkie1

+1 re. Moromir.

If the seller is playing silly wotsits, I'd walk away. Things can only get worse with him.

G_M

Iagree with the above.

However, if the seller absolutely refuses to pay, and you absolutely do not want to walk away, the only other options are for

* you to pay or
* each to agree to pay half

ValHaller

The other option is to pay and reduce the offer accordingly.

ffor99

My solicitor is pretty good and already replied to the vendor's solicitor on my behalf that under no circumstances that I was going to pay for this.

It would be heartbreaking for me to walk away but out of principle I would do so. Thing is their house was on the market for 6 months with one failed sale (down to funds) and I have been proactive in making sure I had mortgage in place, documents up to date to ease the process.

I just wanted to be sure that it wasn't by obligation to pay.

Thanks for all your comments and feedback!

ffor99

Hi valhaller,

I did think of that option but then that puts me in the same boat as them (morally) and all I want is to hurry up the exchange.

ValHaller

ffor99 wrote: »

Hi valhaller,

I did think of that option but then that puts me in the same boat as them (morally) and all I want is to hurry up the exchange.

If they are short of the money to pay upfront, it is a valid option and I don't think is puts you in the same boat at all. It would be less painful for them than you walking away.