Betterment clause

eggy12

hi all hope someone can shed some light on this..

A friend is buying a property over the last few months and now everyone in the chain is ready to complete, now its just sprung to light that the property my friend is buying has a betterment clause added at the last minute. As you can guess his fuming, this was not advitised in anyway,the estate agents knew nothing of it until now when the soliciter got hold of the paperwork.. what can my friend do about it ? As you can guess quite alot of money has been spent already and if he pulls out will lose it. Can he sue for false advitising or anything like that?

I await you trusty replys

Eggy12

olly300

What type of property is it? A flat or a house.

Is the property leasehold or freehold?

Is the clause in a restrictive covenant?

And what is the wording of the clause?

If the clause is in a restrictive covanent then the EA would not know so they are not liable for anything and in addition EAs carefully word all their documents so its up to the buyer to use their solicitor to find any problems.

The vendors may have known about the clause however not everyone reads their paperwork properly so it's up to the buyers solicitor to sort out the problems with any clauses.

You can't sue for these things because there is no contract between the parties until completion occurs in England and Wales.