Seller's responsibilities

aneary

glentoran99 wrote: »

Just asking for clarity but is the dispute that your car parking space is blocking access to the garage, if so just park elsewhere if you want the house as it isn't a parking space

The value of the flat is based on the parking space.

Guest101

aneary wrote: »

It involves my parking space. ie he is disputing me being able to use it.

There isn't any on road parking and were I live happens to be the worse place for parking in the UK excluding London.

Therefore it could be fairly awkward living there and parking my car there.

Right of way is on the deeds, it's 10 minutes to check and costs £3 - so id suggest the fact he's disputing it is down to an agreement on access. Otherwise there wouldn't be much of a dispute

ReadingTim

People have differing interpretations of what is moral and what is legal, especially so when hundreds of thousands of pounds are involved.

For this very reason, we engage solicitors, conduct searches etc. The fact that yours have proved their worth doesn't necessarily derail the purchase, it's just another opportunity for negotiation.

However, it sounds like you've thrown the towel in already.

aneary

The lack of a parking space is a massive deal.

I have no choice but to have a car, buses aren't great when you have a slipped disc.

The current seller never parked his car there it was a BTL property so I am now concerned if the dispute has got nasty (I get the impression it has) my car could be damaged whilst being parked,

If I had been made aware of the dispute at the time I would not have made an offer, now I have invested money and also I really love the flat it's quirky and one of kind.

I can't understand why this was not disclosed at the begining, the EA didn't even know.

Guest101

aneary wrote: »

The lack of a parking space is a massive deal.

I have no choice but to have a car, buses aren't great when you have a slipped disc.

The current seller never parked his car there it was a BTL property so I am now concerned if the dispute has got nasty (I get the impression it has) my car could be damaged whilst being parked,

If I had been made aware of the dispute at the time I would not have made an offer, now I have invested money and also I really love the flat it's quirky and one of kind.

I can't understand why this was not disclosed at the begining, the EA didn't even know.

Because it sounds like a simple case of misunderstanding.


Why would your car be damaged?!


This is such a minor thing, I'd be knocking some money off and leaving it at that. The deeds will show either 1: the ROA exists or 2: it doesn't.

glentoran99

aneary wrote: »

The lack of a parking space is a massive deal.

I have no choice but to have a car, buses aren't great when you have a slipped disc.

The current seller never parked his car there it was a BTL property so I am now concerned if the dispute has got nasty (I get the impression it has) my car could be damaged whilst being parked,

If I had been made aware of the dispute at the time I would not have made an offer, now I have invested money and also I really love the flat it's quirky and one of kind.

I can't understand why this was not disclosed at the begining, the EA didn't even know.

think you have answered that

Fosterdog

Have you found out any of the details of the dispute? It could be something that you and your potential new neighbour could come to an amicable agreement over.

pinkshoes

aneary wrote: »

The lack of a parking space is a massive deal.

I have no choice but to have a car, buses aren't great when you have a slipped disc.

The current seller never parked his car there it was a BTL property so I am now concerned if the dispute has got nasty (I get the impression it has) my car could be damaged whilst being parked,

If I had been made aware of the dispute at the time I would not have made an offer, now I have invested money and also I really love the flat it's quirky and one of kind.

I can't understand why this was not disclosed at the begining, the EA didn't even know.

This information should have been declared on the SPIF form, so after the offer acceptance process.

The EA would probably not have known.

Just walk away, but put it in writing to the EA stating why you are withdrawing your offer so that any future purchasers can now be aware of the dispute.

Or, just halt the purchase until the issue is resolved.

Have you spoken to this neighbour to establish why they think they have right of way over what should be your parking space? Might be worth a tea and cake chat over it...

aneary

The EA didn't know he is less than impressed as he knows that the sale is probably lost plus any future sales.

The solicitor said he will dig up some more information but his advised is that this needs to be resolved before I put pen to paper as the hassle that has been caused already will continue unless there is some sort agreement in writing. I have agreed that I can wait up to 3 months for a resolution but if it's going to take longer (likely) then I will pull out. The solicitor has also advised that I start looking for another property.

The owner of the garage has applied for planning permission to knock down the garage and build a house in it's place, this has been rejected but this doesn't mean that something else will be applied for. In addition a taxi firm is registered at the address (although the garage doesn't have a postbox) it's all very odd.

Guest101

aneary wrote: »

The EA didn't know he is less than impressed as he knows that the sale is probably lost plus any future sales. - How? What on earth?

The solicitor said he will dig up some more information but his advised is that this needs to be resolved before I put pen to paper as the hassle that has been caused already will continue unless there is some sort agreement in writing. - Like an indemnity policy? I have agreed that I can wait up to 3 months for a resolution but if it's going to take longer (likely) then I will pull out. The solicitor has also advised that I start looking for another property. - It will probably take longer because the guy will never actually go to court for it in all likelihood

The owner of the garage has applied for planning permission to knock down the garage and build a house in it's place, this has been rejected but this doesn't mean that something else will be applied for. In addition a taxi firm is registered at the address (although the garage doesn't have a postbox) it's all very odd.

I think you're overthinking this. It's a simple neighbour dispute, one which I suspect is due to an informal arrangement.