Seller taking too long

Discouraged1sttimebuyer

Does anybody have advice for our situation below?

We are trying to buy a flat, and it has now gone on so long that our mortgage offer has expired. Our solicitor requested an extension but this is subject to approval. The sellers rather recklessly extended their first-floor flat into the loft, and we now have paperwork from the freeholder granting retrospective permission for this. However, our solicitor has been asking for a Deed of Variation since before Christmas, and has had no luck at all so far. They chase the sellers solicitor, who chases the freeholder's solicitor, and it all goes round in circles. Our solicitor is now losing hope that it will be sorted out in time, even with an extension. There is the suspicion that the freeholder is not fully aware of the situation...

Is there anything we can do to move this on?? We have been prepared to wait so far, as we are first time buyers, not in a chain, and we were told this is a relatively simple thing to sort out. However, it has got to the point that our solicitor is advising us to consider our options.
If the mortgage lender refuses to extend the offer, then that will sort of make our decision for us!!

G_M

Discouraged1sttimebuyer wrote: »

........we now have paperwork from the freeholder granting retrospective permission for this.

.........There is the suspicion that the freeholder is not fully aware of the situation...

??
Makes no sense......


But if your solicitor is not satisfied with the ' retrospective permission' and advises (probably rightly) that the lease must reflect the change to the demised premises, then you either wait for the freeholder to act, or you walk away.

pinkteapot

Have you spoken to the EA? If they're a decent one and you say you're concerned at how long things are taking and may have to start viewing properties again, they'll get chasing to find out where the block is because they'll see their commission slipping away.

If this has been an issue for you it'll be an issue for any buyer, so the vendor needs to sort it at some point.

AnotherJoe

Do what you should have done when this cropped up start looking elsewhere.
Or, if you have been doing that start looking harder.

Discouraged1sttimebuyer

Thanks, all,

Yes, the paperwork currently grants permission for roof windows etc., but does not transfer ownership of the loft to the sellers, or detail where maintenance responsibilities may have changed - and whether anything affects the flat below. Our solicitor wants everything to be clear and above board, as the current deeds just refer to the 'top-floor flat', which doesn't match up with the property they are trying to sell. They won't be able to sell to anyone unless their paperwork gets sorted. which is why we have been hanging on so far.

I spoke to the EA again today, after yesterday's less-than-positive message from our solicitor, so they know that we have been advised to consider our options. They didn't seem fazed, and said they would chase the sellers and the sellers' solicitor again. We're just going round in circles! Is there anything obvious that I am missing? As I said, this could all be hypothetical if the lender won't extend - but I am trying everything I can at the moment.

hazyjo

Is the price agreed including that space as a useable room? (Prob a bedroom?)


There was a thread on here recently where the freeholder had quoted thousands for a conversion into the loft. No wonder they're being cagey...


I'd have prob walked by now. Presuming 6+ months?!

Discouraged1sttimebuyer

Yes, the property was sold as a 3-bed 2-bath, two floor maisonette. And in September!

We'll see what the mortgage lender says re: extension, and then see where we are in the next few days. I doubt we will get any movement.

Thanks, everyone - you have confirmed what we thought.

hazyjo

FYI, it was £30k they wanted :eek:


https://forums.moneysavingexpert.com/discussion/5979624/buying-my-loft&highlight=freeholder+loft