Seller sold outbuilding...

Kayalana99

Tbh...Id be running a mile. Like someone else has said what else could they be hiding!

Jessica29

JQ. wrote: »

Lied about what, from the OP it sounds like the outbuilding was never included in the sale?

So there was no mention of the outbuilding in the particulars. Were you shown round the outbuilding during your viewing? Did the vendor or Estate Agent ever say it was included?

Just because it's in the current title plan is no indicator it's included in the sale, it seems to me you just assumed it was included in the sale. Did anyone actually state it was?

The estate agent let us in and stood in the garden whilst we viewed the property. When we viewed it for a second time (having seen the deeds for the property we wanted to purchase) we mentioned the outbuilding to the estate agent who said 'oh that's nice, I did wonder why there was a gate into next doors garden'. I completely see your point that as it wasn't explicitly mentioned in the particulars, we shouldn't have assumed it belonged to the property, but we had already established by this point that the EA's were useless so thought it was an oversight on their part. The vendor lives out of the country so we have never met him nor spoken to him.

Kayalana99

I don't see their point tbh, if its on the LR as being part of the house, and the seller says he hasn't sold any part of the land...I would assume it was yours.

That said, if your deed says its yours...and you purchase it ..whats to stop you taking it back?

I might be wrong but since it hasn't been sorted out offically and your buying the deeds to the property surely this makes it yours (if its on the deeds) and the neighbours would be screwed...its like selling a stolen car...the person with the paperwork owns it and can take it back and the person who brought it is left empty handed.

Jessica29

JQ. wrote: »

But did anyone actually tell you it was included? When you found it on the title plans did you seek clarification before making the offer?

The estate agent neither confirmed nor denied it, and we have never spoken to the vendor. Granted we only got the PIF at the end of last week, almost two months after offer, the fact he stated he has not sold any land off worries me.

Jessica29

Kayalana99 wrote: »

I don't see their point tbh, if its on the LR as being part of the house, and the seller says he hasn't sold any part of the land...I would assume it was yours.

That said, if your deed says its yours...and you purchase it ..whats to stop you taking it back?

I might be wrong but since it hasn't been sorted out offically and your buying the deeds to the property surely this makes it yours (if its on the deeds) and the neighbours would be screwed...its like selling a stolen car...the person with the paperwork owns it and can take it back and the person who brought it is left empty handed.

Thanks Kayalana. This is kind of where I am coming from. Had we chosen a different solicitor, chances are we wouldn't have found until we moved in and tried to access the outbuilding. I assume Land Registry to hold correct deeds, and like you said, if the vendor has not declared it on the PIF, then we are none the wiser to what he has or hasn't sold to us.

Jessica29

DRP wrote: »

Contrary to to his answer on the PIF, it sounds like the vendor had sold part of his property.

There is confusion in that the OP said that the LR hadn't yet updated the deeds ... which deeds is OP referring to?

The deeds for the property we are purchasing. Even today, I can download the deeds which states that there is an outbuilding in our neighbours garden that belongs to this property.

mail2z

Nightmare seller :mad:

Sorry for you, inform the seller that the offer you made is subject to the outbuilding being part of the sale. Let the seller decide how they want to proceed.

Report to the land registry the inconsistency, they will update their records soon. This will make sure that the seller does not pull out since the next buyer will adjust their offer accordingly also.

Kayalana99

Just had another thought about it. This isn't just a cash sale, they went through your solictors....so to get a solictor involved you would think it would all of been sold properly and be off the deeds?

I think you should have a word with them about that?

Davesnave

Potential purchasers can be illogical in situations like this, but that doesn't excuse the denial of a sell off on the PIF. Sadly, being more honest doesn't always help.

A few years ago, we retained 1/3 of our garden and marketed the house + the remaining 2/3.

Despite sectioning it off with a 6' fence and not showing the retained area to viewers, people were sometimes peeved when they learned there was something being kept by us. It was a case of "You bought it with all that land, why cant we?"

It's human nature.