Flat advertised with residents' parking when none

Cheesenbranston

Thanks CapitalOne, i didn't see anything in the etiquette rules about an acceptable time for responding. If you can provide details I'll make sure I adhere in future

Cheesenbranston

To clarify, the question of parking wasn't discussed prior to completion. It was a first time purchase for me, and I guess I've learned a lesson.
Thanks to those who offered genuine advice and guidance.

Cheesenbranston

EachPenny wrote: »

What was the precise wording used?

"Residents only parking" means something different to "Resident's parking" which means something different to "Resident parking". I'd suggest "Residents' parking" means something different again.

The exact wording taken from the advert on agent's site and the Schedule

"A residents' carpark gives
convenient off-street parking and there is further on-street
parking in the area."

Cheesenbranston

csgohan4 wrote: »

Why did you go ahead anyways with no parking mentioned on the deeds???? Especially as it's so important to you????

A mistake on my part. Is this something the conveyancing solicitor should identify and draw my attention to?

Cheesenbranston

Thrugelmir wrote: »

Did you buy the property without taking a look yourself. To ascertain what the parking provision was like.

I did view the property, I clearly took my eye off the ball with regard to the parking

davidmcn

Cheesenbranston wrote: »

A mistake on my part. Is this something the conveyancing solicitor should identify and draw my attention to?

They should be comparing the titles with the marketing info and Home Report, and in any event reporting to you on what the title says - didn't you get anything from them explaining title conditions etc? If not then this is really more a matter for a complaint to your solicitor than the vendor or agent.

But like I said above, I'm not sure what your loss is if you can generally get parked anyway, and there's no guarantee you would have found a space in a residents' car park.

AdrianC

Cheesenbranston wrote: »

The exact wording taken from the advert on agent's site and the Schedule

"A residents' carpark gives convenient off-street parking and there is further on-street parking in the area."

You make mention in your original post of the on-street parking. But you've not mentioned the existence at all of a resident's car park? Does it simply not exist at all? Did you not notice this absence when you viewed?

Or is there one, but you do not have access to it? It's entirely likely that a resident's car park may be subject to a separate charge - or part of a separate title.

Margot123

Cheesenbranston wrote: »

To clarify, the question of parking wasn't discussed prior to completion. It was a first time purchase for me, and I guess I've learned a lesson.
Thanks to those who offered genuine advice and guidance.

We must all empathise with you. Heart very often rules head in these situations, and it can be a very steep learning curve.

I viewed a property and then the estate agent pointed out there was no heating upstairs; something neither I nor my partner had noticed even though the property was empty! The EA said of the six people he'd shown round, only 1 had noticed, so he'd decided it was only fair to point it out :-)

EachPenny

Cheesenbranston wrote: »

The exact wording taken from the advert on agent's site and the Schedule
"A residents' carpark gives convenient off-street parking and there is further on-street parking in the area."

That is pretty clear cut then.... there ought to be an off-street residents' car park. No wriggle-room that there is "parking for residents nearby (on-street)".

It sounds like may be a case of some copy-and-paste without sufficient editing.

Difficult to see what you can do about it now though, short of making a complaint to the agent - which is unlikely to bring you any substantial monetary compensation though.

googler

Cheesenbranston wrote: »

The exact wording taken from the advert on agent's site and the Schedule - "A residents' carpark gives convenient off-street parking and there is further on-street
parking in the area."

Is there anything which actually is, or looks like it could be, an allocated residential car park for your block of flats / tenement building / development?

Regarding the title check your solicitor should have performed;

He/she should be on a general lookout for any glaring discrepancies between what you think you are buying (based on seller's marketing material, and the Home Report), and the actuality of the deeds, and reporting these to you. It's possibly open to dispute whether or not this comes under the heading of 'glaring', without seeing the physical layout of your property and its surroundings.

As part of the title check, he/she should have gone over with you what you were actually buying, and any provisions with regard to matters such as common liabilities shared with the other owners - responsibility for fabric of the building, roof repairs, maintenance of lighting in common areas, that sort of thing. I would expect communal parking, if mentioned, to be included herein. Did you use a high-street firm? An online conveyancer? Other?

Someone suggested above it could be a copy/paste error in the marketing material, but this would only cover the agent's work, and not the Home Report, which is prepared independently by a surveyor. Which part of the Home Report states residents' parking? Is it the property questionnaire, which is completed by the owner, or another section?