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Buyer gave false info
Liam21
Posts: 24 Forumite
title is wrong..meant to say seller!
I recently bought a leasehold flat - it has a gated carpark in the front and on the property seller questionnaire my solicitor passed on the seller had clearly written that the flat has off-street parking.
After completion I asked the managing agent for a keyfob to the gate and they've informed me that my flat does not come with the right to use the carpark (i.e. there is no off street parking at all).
The property seller questionnaire explicitly says "this form provides detailed information to the buyer which may be relied upon. You must disclose all matters affecting the Property: if any inaccurate or incomplete information is given to the buyer, the buyer may be able to claim compensation from you"
I've gone back to my solicitor but they obviously aren't in a rusk to respond (it's completed so they have their money!) Is there anything I can do about this and what are the odds of getting some recourse?
I recently bought a leasehold flat - it has a gated carpark in the front and on the property seller questionnaire my solicitor passed on the seller had clearly written that the flat has off-street parking.
After completion I asked the managing agent for a keyfob to the gate and they've informed me that my flat does not come with the right to use the carpark (i.e. there is no off street parking at all).
The property seller questionnaire explicitly says "this form provides detailed information to the buyer which may be relied upon. You must disclose all matters affecting the Property: if any inaccurate or incomplete information is given to the buyer, the buyer may be able to claim compensation from you"
I've gone back to my solicitor but they obviously aren't in a rusk to respond (it's completed so they have their money!) Is there anything I can do about this and what are the odds of getting some recourse?
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Comments
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What does your lease say regarding parking?"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
I don't see why your solicitor won't help.
What is their actual response to you?Well life is harsh, hug me don't reject me.0 -
All been discussed here previously
https://forums.moneysavingexpert.com/discussion/5390902
Did you not check during the purchase process ??
I think this is completely different. To me it sounds like they confirmed there was parking as part of the standard enquiries which obviously can be relied upon legally.0 -
No specific reference to a space
Then presumably the managing agent is correct; your flat does not come with a car parking space.
Clearly there is a car park. Clearly somebody uses it for car parking. Possibly separate arrangements and charges apply to the car park.
What exact answer did the seller give to the question about parking? Perhaps the seller said something vague like 'off street car parking is available by arrangement with the managing agent'.
Speak to your solicitor.0 -
Then presumably the managing agent is correct; your flat does not come with a car parking space.
Clearly there is a car park. Clearly somebody uses it for car parking. Possibly separate arrangements and charges apply to the car park.
What exact answer did the seller give to the question about parking? Perhaps the seller said something vague like 'off street car parking is available by arrangement with the managing agent'.
Speak to your solicitor.
They put "off street parking" - which I took to mean off street parking I can use. Unfortunately I'm not allowed to use it under any circumstances (not even the option to pay separately for it)0 -
Is there any area close by where you can park ,albeit less convenient?
You can bet your life the sellers will point to that, if there isNever, under any circumstances, take a sleeping pill and a laxative on the same night.0 -
They wouldn't be able to state that there were because presumably it would have to also entitle the purchaser exclusive possession - ie the ability to use it in conjunction with the asset. If it's just a random piece of land outside the flats ownership or without legal rights to park on then you couldn't state that it was off road parking!Is there any area close by where you can park ,albeit less convenient?
You can bet your life the sellers will point to that, if there is
To the original poster, did you use a solicitor or licensed conveyancer when you completed your purchase? Do they have a solicitor who is proficient in litigation? If not you maybe better approaching a third party firm with a residential litigation department.0 -
They put "off street parking" - which I took to mean off street parking I can use. Unfortunately I'm not allowed to use it under any circumstances (not even the option to pay separately for it)
That doesn't mean it has to be that specific gated car park.
You've just assumed it meant that location.0
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