miss sold property

rebecca121

I am new to this so please be nice 😊

I recently purchased a freehold ground floor flat . Within the block of flats there is just my self and one other flat on the top floor.the property was clearly advertised by the estate agents as coming with parking . Also whilst viewing the flat 3 times both the estate agents and previouse owner told me that the driveway and parking was completely owned by the ground floor.
I successfully purchased this property and on the day of the move the lady that owned the top floor flat knocked on my door to inform me that the parking space was in fact not mine and hers .

at no time during the sale have I been informed this . From neither the solicitors estate agents or previous owner .

It has now come to light that there was in fact a despute going on regarding the parking before and during the property sale.

I have contacted the solicitors that worked on the sale for me and they have now informed me that they be live the parking to be the leaseholders and not mine the freeholder .

Is there anything I can do ? As I would of never brought this property in the first place without a parking space .

agrinnall

Your solicitor is at fault for not discovering this before exchange. You can make a complaint but I think you'll need to have some idea of what outcome you are looking for. Is there an option to purchase the parking space at the property, or somewhere nearby? Or would you be looking at selling the flat and buying another one with the solicitor covering your expenses?

Bossypants

agrinnall wrote: »

Your solicitor is at fault for not discovering this before exchange.

I was wondering about this, what if the solicitor wasn't aware that the parking space was ever in question? Did you tell them this was expected, or was it mentioned on any formal documents?

If it was just a statement by the EA which wasn't explicitly passed on to the solicitor, it seems to me that they would be at fault (and, sorry to say it, possibly also you for not checking that everything you expected to be included when you signed the contract).

rebecca121

My main concern is that I have overpaid for a property . In the town I live parking is a nightmare and all roads are pay and display . There for people pay a lot more for property with parking . I think my next step is to get my flat valued again without parking and to look at the price diffrwnce.
Would you agree ?

rebecca121

In my lease it states that the leasholder from time to time may park at the front of the property with the freeholders permission . The solicitors are now telling me they think this may be wrong as there is a seperate clause . If there is no fault on the solicitors part is there may law on estate agents miss selling property with information ?

Bossypants

rebecca121 wrote: »

In my lease it states that the leasholder from time to time may park at the front of the property with the freeholders permission . The solicitors are now telling me they think this may be wrong as there is a seperate clause . If there is no fault on the solicitors part is there may law on estate agents miss selling property with information ?

If the lease specifically refers to parking and the rights of the various occupiers of the building, then I (as an internet stranger not privy to all the facts) would agree that there is a chance that your solicitor is at fault here.

Personally, regardless of who is at fault, it seems to me like the next step would be jointly to get a new valuation, as you suggested, and seek legal advice on the situation (from a different solicitor of course).

Regardless I wish you the best of luck. Finding out something important to you is lacking when you had every reason to believe it was included in the major, life-changing purchase you just made can't be fun.

Tixy

What does the separate clause say?

If there were 2 contradictory clauses in the lease then when you read the lease prior to exchange did you not question this?

A good solicitor should have highlighted to you that the lease had contradictory clauses, however without you having specificially mentioned the parking to them they may not have been aware of your expectations.

What level had the prior dispute between the seller and the neighbour got to?

Thrugelmir

rebecca121 wrote: »

In my lease it states that the leasholder from time to time may park at the front of the property with the freeholders permission . The solicitors are now telling me they think this may be wrong as there is a seperate clause . If there is no fault on the solicitors part is there may law on estate agents miss selling property with information ?

Estate Agents are not solicitors. So can only state what they are told.
Onus is on you to read all the documents prior to purchase and/or raise queries with your solicitor to get answers to. The solicitors are dealing with paper only so need to be directed.

rebecca121

To be honest I do not understand a lot of the lease and the words that are used . It may be my fault . I will go to another solicitors and ask them to look into it for me . Thank you for your comments . I will update with what I find out

G_M

rebecca121 wrote: »

I recently purchased a freehold ground floor flat .
Please clarify. Have you actually bought the flat, or just the freehold to the property?
My guess is that you have actually bought two things:
1) the lease to the groundfloor flat AND
2) either the entire freehold to the building, or a share of the freehold (perhaps jointly owned with the upstairs?)

Please confirm.


Within the block of flats there is just my self and one other flat on the top floor.the property was clearly advertised by the estate agents as coming with parking . Also whilst viewing the flat 3 times both the estate agents and previouse owner told me that the driveway and parking was completely owned by the ground floor.
None of this really matters. It is a question that should have been resolved during the conveyancing process - if you used a solicitor, that's what he does.

I successfully purchased this property and on the day of the move the lady that owned the top floor flat knocked on my door to inform me that the parking space was in fact not mine and hers .
do you mean it belongs to some 3rd party? Wjo?

at no time during the sale have I been informed this . From neither the solicitors estate agents or previous owner .
It is normal practice during the conveyancing process for your solicitor to send you the lease you are buying (if it was a lease) and/or Title to the freehold, together with the associated Plan(s).
Did he?
He would normally ask you to check these & advise him of any issues or concerns so that he can investigate. eg if the Plan shows a different area being purchased to what you expect.
In this case, the plan either would, or wouldn't, show the parking space as being included in the Title being transferred to you.

So - what do the Plans show?
and assuming you have bought a lease - what does the lease say(if anything) about parking?

It has now come to light that there was in fact a despute going on regarding the parking before and during the property sale.
The seller will have been asked if there were any ongoing disputes. What answer did the seller give in the document?

I have contacted the solicitors that worked on the sale for me and they have now informed me that they be live the parking to be the leaseholders and not mine the freeholder .
Hmmmm - so you have NOT actually bought the flat. Just the building freehold?

Is there anything I can do ? As I would of never brought this property in the first place without a parking space .

Or is this some wierd scottish thing....?

rebecca121

Yes I have allready purchased the flat and moved in . I own the freehold to the whole building . I did read the lease and as far as I was concerned the only point made regarding parking was that the leasholder may from time to time park there with my permission . The previouse owner was asked if there was any on going desputes and he stated no . My solicitors I used during the sale have asked me to email over the lease that I received and in return I have asked them to send to me highlighted the part of the lease that makes them belive the lady above can park there