Sue seller, take action against solicitor or too late?

Liam21

So here's the background:

Completed on my flat in Feb
Estate agent said I would have access to the carpark
The seller put on his information form in the sales pack that I would have access to the carpark
There was nothing in the lease (but turns out that no flat with access to the carpark has it in their lease -they all have it written agreements with the managing agent)
When I moved it in turned out that my flat does not come with access (only about 50% of the flats have access to the carpark)

I've spent the last 8 months trying to resolve this - first with the managing agent (who have said there is no way I can get access to one); then with my conveyancer who has been frankly terrible but finally passed it to their litigation team after hundreds of phone calls + threats.

Finally the conveyancer's legal team has come back and said they think I do have a claim against the seller for misrepresentation but are not willing to take it themselves because they could be accused giving me inadequate advice by not checking beyond what they seller had written in his form.

My dilemma now is do I find another solicitor to take action against the seller (though I have very little money to throw at this), refer the conveyancer to the ombudsman for not picking up on this in the first place, or after 8 months is to too late for anything to go in my favor?

Any advice appreciated!!

Guest101

Liam21 wrote: »

So here's the background:

Completed on my flat in Feb
Estate agent said I would have access to the carpark
The seller put on his information form in the sales pack that I would have access to the carpark
There was nothing in the lease (but turns out there no flat with access to the carpark has it in their lease -they all have it written agreements with the managing agent)
When I moved it in turned out that my flat does not come with access (only about 50% of the flats have access to the carpark)

I've spent the last 8 months trying to resolve this - first with the managing agent (who have said there is no way I can get access to one); then with my conveyancer who has been frankly terrible but finally passed it to their litigation team after hundreds of phone calls + threats.

Finally the conveyancer's legal team has come back and said they think I do have a claim against the seller for misrepresentation but are not willing to take it themselves because they could be accused of not checking beyond what they seller had written in his form.

My dilemma now is do I find another solicitor to take action against the seller (though I have very little money to throw at this), refer the conveyancer to the ombudsman for not picking up on this in the first place, or after 8 months is to too late for anything to go in my favor?

Any advice appreciated!!

Firstly: what is the relationship between property and parking. Is there a waiting list, and your turn simply hasn't come up yet?

Liam21

Guest101 wrote: »

Firstly: what is the relationship between property and parking. Is there a waiting list, and your turn simply hasn't come up yet?

There are about 12 parking spaces each allocated to flats (there are 24 flats in the block). Those without a parking space allocated do not get a key to the carpark.

Guest101

Liam21 wrote: »

There are about 12 parking spaces each allocated to flats (there are 24 flats in the block). Those without a parking space allocated do not get a key to the carpark.

Apologies perhaps my question was poorly phrased.


Did the vendor have access to the car parking, but when they sold the next name on the list took over that allocation. Is your name on a list to receive access down the line?

davidmcn

Generally it's helpful to the rest of us if you just continue your previous thread about the same problem, rather than start a new one without referencing either of your previous threads:

https://forums.moneysavingexpert.com/discussion/5441543

https://forums.moneysavingexpert.com/discussion/5470224

My advice still stands. You don't mention whether you've pursued a complaint against your conveyancer. It's not too late for any sort of action against either them or the vendor.

Liam21

Guest101 wrote: »

Apologies perhaps my question was poorly phrased.


Did the vendor have access to the car parking, but when they sold the next name on the list took over that allocation. Is your name on a list to receive access down the line?

Ah no the seller never had access - it was just a lie (or a massive misunderstanding on his part)

Liam21

davidmcn wrote: »

Generally it's helpful to the rest of us if you just continue your previous thread about the same problem, rather than start a new one without referencing either of your previous threads:

https://forums.moneysavingexpert.com/discussion/5441543

https://forums.moneysavingexpert.com/discussion/5470224

My advice still stands. You don't mention whether you've pursued a complaint against your conveyancer. It's not too late for any sort of action against either them or the vendor.

Ah sorry about that!

hannahbond37

Our maisonette operates a bit like this. An enclosed parking area at the back. We are selling it now and made sure that the estate agents were aware that parking existed and that we didn't pay for it or have much information on arrangement but if that was a deal breaker for the buyer they could contact the management agency with this and it could probably be rented on top of buying the property.

I would be really cautious about taking up legal action against your seller, if the case is anything like this, like us, they probably just never used it so knew it existed and some people got access but not really how it worked. If it was that much of a deal breaker you should have contacted the management company beforehand, or made sure that it was stipulated in the contracts or in the plans that you were buying a parking space as well. Other than that your dispute is really more with the management company than with the leaseholder as they won't negotiate a parking space. It wasn't for 'sale' and then not included - it was never in your contracts, I think it will be really tenuous to go down this route.

Guest101

davidmcn wrote: »

Generally it's helpful to the rest of us if you just continue your previous thread about the same problem, rather than start a new one without referencing either of your previous threads:

https://forums.moneysavingexpert.com/discussion/5441543

https://forums.moneysavingexpert.com/discussion/5470224

My advice still stands. You don't mention whether you've pursued a complaint against your conveyancer. It's not too late for any sort of action against either them or the vendor.

Thank you

Guest101

hannahbond37 wrote: »

Our maisonette operates a bit like this. An enclosed parking area at the back. We are selling it now and made sure that the estate agents were aware that parking existed and that we didn't pay for it or have much information on arrangement but if that was a deal breaker for the buyer they could contact the management agency with this and it could probably be rented on top of buying the property.

I would be really cautious about taking up legal action against your seller, if the case is anything like this, like us, they probably just never used it so knew it existed and some people got access but not really how it worked. If it was that much of a deal breaker you should have contacted the management company beforehand, or made sure that it was stipulated in the contracts or in the plans that you were buying a parking space as well. Other than that your dispute is really more with the management company than with the leaseholder as they won't negotiate a parking space. It wasn't for 'sale' and then not included - it was never in your contracts, I think it will be really tenuous to go down this route.

Thanks for your opinion. Can I politely suggest that more research is required into this.


The vendors made a statement in a legal document that parking was available as part of the sale.

HouseBuyer77

If the seller made a direct statement in writing that they had access to the car park, parked a car there and you would be able to once you took over the lease that's a direct lie, and lends serious weight to your claim.

If they simply stated that parking may be available but didn't really give the details it's a lot murkier.