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Deed of Variation for error in lease

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Comments

  • Jigglebiz
    Jigglebiz Posts: 162 Forumite
    Still waiting for the buyer to commit .
    Their solicitor has agreed that a DoV is not required but insists on a confirmation from the freeholder stating that there is no error in the lease.
    As far as my solicitor is concerned this is totally unnecessary - other headleases in the development have exactly the same clause. Buyers solicitor requested to view one of these - my solicitor obtained consent to share one with him and did so - then was told that it was not sufficient.
    The freeholder is very unresponsive to contact.
    We are trying to resolve this but not having much luck as buyers solicitor is insistent. Surely it is absurd to ask a freeholder to confirm that the lease is correct - you can just check the lease?!
    Total debt outstanding: Jan18 -£1813 / Feb18 -£1649 / Mar18 -£1278 / Apr18 -£999 / May18 -£632 / June18 -£316 / July18 £0
    House Buy/Sell Fund: Jan18 £0 / Feb18 £184 / Mar18 £568 / Apr18 £936 / May18 £956 / June18 £1538 / Jul18 £2233 / Aug18 £2719
  • eddddy
    eddddy Posts: 18,200 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 11 April 2019 at 9:28AM
    Jigglebiz wrote: »
    Surely it is absurd to ask a freeholder to confirm that the lease is correct - you can just check the lease?!

    Yes - it does sound absurd.

    By definition, the lease is correct.

    TBH, I'd suspect that the buyer is asking these daft questions, and their solicitor is dutifully passing them on.

    Maybe discuss with the EA - that the buyer seems to be asking nonsensical questions via their solicitor. Ideally, the EA might give the buyer a call and try to get things back on track.


    Edit to add...

    Or maybe they are asking the freeholder to confirm that they agree that the GR is £100 (as the freeholder seems to have been overcharging you up until now).

    i.e. They don't want to buy the flat, and then get into a dispute when the next GR bill is issued.
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