Completed Last Week - Failure to Disclose??

melpomene

Have just moved to a SOF flat, & have discovered via the finance director at the block bi-annual meeting that my service charge is to be 3 x times that quoted to me by my sellers.

My solicitor wrote to me in mid September asking if I had been aware that service charges were so high, this after a bank reference had been requested asking if I was *good for* service charges & ground rent of approx £xx,000 per annum* [i.e. incorporating the higher charge].

I immediately wrote back stating that I needed urgent clarification, as I would not be able to afford the 5 figure sum which is indeed 50% more than my pension, and would need to seek a different property!

I understand that my sellers advised when I also queried via the selling estate agent, [& provided an official looking forecast document in mid September] in good faith, yet at the meeting last week it was stated that the survey revealing the need for structural repairs was done back in 2015, so the charges haven't come out of nowhere.

i didn't hear from my solicitor about this aspect again, but had been reassured by the response from my sellers.

I'm wondering who should have informed me, whether I have any redress.

Any advice or expereince would be wonderful.

Mel

KRB2725

I don't know the position legally, but I don't understand why you didn't follow this up with your solicitor considering their letter to you?

Were the vendors definitely aware? Whilst the survey was done in 2015, had the information been shared?

eddddy

melpomene wrote: »

My solicitor wrote to me in mid September asking if I had been aware that service charges were so high...

....

I understand that my sellers advised when I also queried via the selling estate agent...

You can only rely on information that comes via the solicitors - because it forms part of the contract.

Anything the EA or seller says (or writes) to you isn't part of the contract - so you can't rely on it.

Unfortunately, your post sounds like your solicitor raised concerns, but you addressed them via the EA/seller, instead of via the solicitor.

So you'll probably find it very difficult (or impossible) to win any kind of claim against the seller.

-taff

melpomene wrote: »

i didn't hear from my solicitor about this aspect again, but had been reassured by the response from my sellers.

I'm wondering who should have informed me, whether I have any redress.

Any advice or expereince would be wonderful.

No-one failed to disclose anything, they did disclose it, otherwsie you woulnd't have asked your solicitor.
Technically, you're at fault for not waiting for/asking for the answers from your solicitor, who you asked to find this out.

marksoton

melpomene wrote: »

Have just moved to a SOF flat, & have discovered via the finance director at the block bi-annual meeting that my service charge is to be 3 x times that quoted to me by my sellers.

My solicitor wrote to me in mid September asking if I had been aware that service charges were so high, this after a bank reference had been requested asking if I was *good for* service charges & ground rent of approx £xx,000 per annum* [i.e. incorporating the higher charge].

I immediately wrote back stating that I needed urgent clarification, as I would not be able to afford the 5 figure sum which is indeed 50% more than my pension, and would need to seek a different property!

I understand that my sellers advised when I also queried via the selling estate agent, [& provided an official looking forecast document in mid September] in good faith, yet at the meeting last week it was stated that the survey revealing the need for structural repairs was done back in 2015, so the charges haven't come out of nowhere.

i didn't hear from my solicitor about this aspect again, but had been reassured by the response from my sellers.

I'm wondering who should have informed me, whether I have any redress.

Any advice or expereince would be wonderful.

Mel

What's your point?

melpomene

Thanks all, I did chase my solicitor relentlessly every day for over 4 months as he seldom replied to emails [if so with 3 or 4 word in the subject line usually], and did not return my calls 90% of the time.

I guess i found false reassurance from the document I was sent by my sellers via the agent. It details charges for every flat in the block & does tally with previous years.

Richard_Webster

Your solicitor should have written to the seller's solicitor with a set of queries to be forwarded to the freeholder or management company about matters like the level of service charge and whether any major works were likely to be undertaken in the next few years. These are sent via the seller's solicitor because the seller is expected to pay the cost of the freeholder/management company providing the answers. Sellers often don't like paying these fees, which can sometimes be several hundred pounds. However, that is not your concern - apart from learning how reasonable or otherwise the freeholder/managing agent is!

Your solicitor should have waited for those replies before advising you to exchange contracts or at least have warned you that there had been no replies and you were taking a risk by proceeding without them.

You should be asking your solicitor for copies of the information supplied in reply to this questionnaire. If he didn't send a questionnaire out or failed to warn you that he had not got replies (and the possible implications of this) then he is negligent and you have some claim against him.

melpomene

Many thanks Richard. I did email my solicitor this morning first thing, no reply as yet though. Throughout the process he mostly ignored me though, that was the source of most of the stress for me. If he chooses not to reply I don't know what to do next.

smudge2013

Your solicitors should have requested a leasehold report from your seller. This would have listed all obligations you have in regards to ground rent and service charges. You should also have seen a copy of the lease which would have detailed the rights of the freeholder to increase the service charges. If you signed up to this, then although you have my sympathies I don't think legally there is much you can do.

moneyistooshorttomention

My sympathies on this.

I think RichardWebster has given you good advice on this personally and it may be that the best you can do now about "clearing up that spilt milk" is to find out your options on having a go at that solicitor of yours legally.

I've got the awful feeling personally that your solicitors negligence might mean you having to sell the place on rather a lot more quickly than you anticipated.

It does look to me like you have "done your best" (ie chasing your solicitor up to do their job properly) and it's probably their fault you are in this position now.

Wishing you the best that you can get this situation sorted out satisfactorily.

Richard_Webster

If you do not get a quick reply ask for details of your solicitor's complaints procedure. Usually just asking for this is enough to tell them you are serious and they rush around trying to put things right, supplying info etc.

if you make a formal complaint then they have to deal with it in accordance with the timescales in their procedure etc. If they don't, then taking the matter further causes them a mega amount of hassle and cost that they will not want - loads of time wasted filling in questionnaires and copying documents to the Complaints Board.