Help: Housing association doesn't have superior title registered

VernSW

I'll keep this brief:

We are in the process of buying a shared ownership property in a new build. Experienced lots of issues including the superior lease not having been finalised and signed off. After this delay and with the under lease fine, we are now ready to exchange contracts with our solicitors having received signed documentation and deposit funds. Now we can't exchange because it turns out the housing association still has not registered the superior title with The Land Registry. The are now going to withdraw the sale because of this.

This is clearly unfair on us as buyers and to my mind it's very dubious business practices.

Anyone know if we can take them to court?

gazfocus

Unfortunately, because you haven't yet exchanged contracts, either party is free to withdraw from the sale without consequence, so no, you can't take them to court.

VernSW

Oh dear. Sucks to be me tonight.

gazfocus

VernSW wrote: »

Oh dear. Sucks to be me tonight.

Have the housing association actually pulled out of the sale or have they just stated that the will? I would be asking them to find out how long it will take them to register the superior title and if your mortgage offer allows, ask them if you can wait it out.