seller threatens to sue freehold/management co for "taking too long"re questionnaire

hanwellmike

I had replied to your earlier post recommending to use a solicitor. If this is not working out I would do the following ASAP to get the pressure off.


Return the questionnaire with the questions answered that you can answer and clearly identify where you cannot provide information as you are not sure. Then the seller/buyer can respond to you with clarification. You can answer most of the questions, probably there are only a few that have you stumped.


Also send all the applicable information (the "information pack") ASAP. This will typically include Accounts, insurance certificate, asbestos & fire risk assessment etc. If you provide 90% of the information quickly this will satisfy most people and you can follow up with the missing bits. There is no need to hold back all the information until you have every answer.


It sounds as though it is in your interests to get this guy out of your hair.


PS If possible you should try to gather the information pack in electronic format (say pdf files). This may involve some scanning but you will be able to save the information much more easily for future sales and email to solicitors as necessary.


PPS You should consider that you should be paid by the Freehold company for the time you have put into this. I used to do this stuff for free until I realised that this was unfair to me. The other Shareholders have agreed the Secretary should be paid for his efforts. Good luck.

hazyjo

Do understand all your frustrations, but when the average purchase takes 12 weeks, and after 3 weeks you're still chasing for something, it's obviously very frustrating and, yes, the people below in the chain are very likely to get twitchy and people do start making threats.

They're obviously just very stressed with it all which I totally understand.

I found that keeping everyone informed on a daily basis of what's happening seemed to keep them happy/off my back.

Good luck.

Jx

propertyman

if all the breaches have been remedied then you dont discuss them, the answer is that any past issues have been resolved to your satisfaction, full stop.you dont have to answer on their terms.

if he insists that you do then he had to wait.

benbow30

i am a leaseholder selling my flat, i have a buyer but the freeholder will not reply to the requests for information from the buyer or their solicitor.
The buyer and freeholder have spoken over the phone. The buyer described the freeholder as 'antagonistic'.

what can i do?
if this buyer withdraws I may end up in the same situation with another potential buyer

i feel like i may never be able to get any answers from the freeholder and may never be able to move on and sell my flat

where is the law to support me?

japonicaf

Has the freeholder asked for a specified fee?

japonicaf

hanwellmike wrote: »

I had replied to your earlier post recommending to use a solicitor. If this is not working out I would do the following ASAP to get the pressure off.


Return the questionnaire with the questions answered that you can answer and clearly identify where you cannot provide information as you are not sure. Then the seller/buyer can respond to you with clarification. You can answer most of the questions, probably there are only a few that have you stumped...

...... PPS You should consider that you should be paid by the Freehold company for the time you have put into this. I used to do this stuff for free until I realised that this was unfair to me. The other Shareholders have agreed the Secretary should be paid for his efforts. Good luck.

All helpful stuff, thanks. I did the secretary duties free for many years, then other leaseholders/freeholders suggested a modest monthly sum. No one else is willing to take on the post. Out of interest, might I ask how much you get? (rough ballpark, say) In this particular instance, the amount of work I've done far exceeds the regular payment in terms of hours spent let alone the stress. And there is the opportunity cost regarding my freelance work.
After boycotting me for much of the past year - he was furious about having to rectify his various breaches of the lease - and dealing with me only via another director, Ithe vendor has in the past couple of days sent me a stream of emailed personal criticism and abuse.

benbow30

The freeholder has not asked for a fee, he is just not responding

I have posted my query in another 'post' - 'help - freeholder may cause buyer to withdraw'

If you do have any advice it would be gladly received.

thanks

hanwellmike

japonicaf wrote: »

All helpful stuff, thanks. I did the secretary duties free for many years, then other leaseholders/freeholders suggested a modest monthly sum. No one else is willing to take on the post. Out of interest, might I ask how much you get? (rough ballpark, say) In this particular instance, the amount of work I've done far exceeds the regular payment in terms of hours spent let alone the stress. And there is the opportunity cost regarding my freelance work.



The Secretary, the Treasurer and the Gardening officer get paid £25 per month (£300 per annum). We are a block of 12 flats and for many years these jobs were voluntary and unpaid. A few years ago we had a mini crisis where there were no volunteers and we agreed that these jobs should be paid to attract volunteers. The payment is in the form of a reduction in the monthly Service Charge so no money changes hands (although it is income as far as the Tax man is concerned). I am currently dealing with 3 flat sales and it does create more work even though I am (for the first time) using a solicitor to help with the Leasehold Property Enquiries (questionnaire).

I have advised the other Shareholders that I think the £300 per annum needs increasing ( I have in mind £480 pa). It would cost more than this if we employed a professional.


I have found that the best way to manage Flat sales, Shareholders meetings, minutes of meetings etc is to keep all the information in electronic format so that it is always available quickly and can be sent by email to whoever. You do need of course to maintain hard copy files as well.


Best wishes.

vivatifosi

japonicaf wrote: »

After boycotting me for much of the past year - he was furious about having to rectify his various breaches of the lease - and dealing with me only via another director, Ithe vendor has in the past couple of days sent me a stream of emailed personal criticism and abuse.

If the criticism has turned to abuse of you, take it to the police and tell them it is libel. You could also inform his solicitor that you have received abusive mail from him and that you will no longer deal with him directly and that they should instruct their client to go only through them. Bl**dy cheek.