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Lease issue.. Deed of Rectification!?

BJH9585
Posts: 1 Newbie
Hi all,
We are currently in the process of seller a leasehold flat. However there is a bone of contention between that of ours and the buyers solicitor over the wording of our lease.
Our lease uses the term "plan B" to refer to elements of the lease, however no plan B exists. This has been discussed with previous solicitors, whom suggested this is erroneous since these elements are shown on the lease . The buyers solicitors have suggested a "simple deed of rectification" changing any mention of "plan B" to "the plan".
The sticking point is our solicitor suggests this could take months and "cost a fortune" the house sale has already dragged on due to months of errors and lack of communication from both solicitors, and the buyer is continually threatening to pull out,.
Basically, after the rambling intro i was wondering if anyone knows how simple a document this should be!? Could my solicitor overblowing the situation in order to force or are the buyers solicitors putting the ball in our park, knowing that their buyer will not wait months.
Many thanks
Ben
We are currently in the process of seller a leasehold flat. However there is a bone of contention between that of ours and the buyers solicitor over the wording of our lease.
Our lease uses the term "plan B" to refer to elements of the lease, however no plan B exists. This has been discussed with previous solicitors, whom suggested this is erroneous since these elements are shown on the lease . The buyers solicitors have suggested a "simple deed of rectification" changing any mention of "plan B" to "the plan".
The sticking point is our solicitor suggests this could take months and "cost a fortune" the house sale has already dragged on due to months of errors and lack of communication from both solicitors, and the buyer is continually threatening to pull out,.
Basically, after the rambling intro i was wondering if anyone knows how simple a document this should be!? Could my solicitor overblowing the situation in order to force or are the buyers solicitors putting the ball in our park, knowing that their buyer will not wait months.
Many thanks
Ben
0
Comments
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Not too sure it would be a rectification but more of a variation here but that may simply be a matter of semantics
Varying the terms of a lease is invariably done by a legal deed involving the affected parties so in this case presumably you (as the leaseholder) and the freeholder/landlord would execute such a deed
That can be time consuming as you wait for the freeholder to agree/execute and any complexity really comes from how many variations are needed I suppose but if simply to remove all mention to Plan B and replace with alternative wording it may not bee too complicated but again more a question of time.
You are really relying on your solicitor here though as they will know the specifics involved“Official Company Representative
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