Buyers Solicitors nightmare- Lease "issue"

KBNewby

Any advise would be hugely appreciated. 
I am currently selling a leasehold property. On the lease there is the lease plan which outlines the flat in a bold black line. This is exactly the same on all the flats in the building. It is accompanied by the land registry copy which is outlined in red. Both boundaries match 100%.  The Lease plan refers to the "red outlined boundary" on the first page but then later on in the plan and title deed refers to the "defined area". My buyer raised it as an issue, so we offered an indemnity as an absolute last resort to get things moving, as my solicitor, and the senior partner both see it as a complete non issue, but the buyer would not let it drop. 

We have now found out the buyers solicitor has suggested because she wasn't happy, to go for a Deed of Variance. My solicitor has said this is pointless and actually could negatively affect the property as it is unlikely the landlord will accept it and then we won't be able to offer an indemnity (which also seems pointless but ! ) We have repeatedly gone back to the buyers solicitor asking what we are "protecting" against as the plans all match and are referred to correctly through the majority of the lease but he won't respond, and it was only today we found out that he advised the customer to go through a D o V. 

Is there anything anyone could suggest to get this moving again? I have forwarded the solicitors very lengthy and in-depth email to my estate agent to pass to the buyer as her solicitor seems to have a complete mind block on this. However, I can understand her wanting to trust her solicitor. We don't think he has even read all the documents properly... 

Kyresa

They could be two different things.. That's the problem!

the red outlined boundary is simply the land.  The defined area could be, for example, a storage area, or a garden etc etc that has other conditions attached to it. 

Is "the defined area" not defined within the definitions section of the lease?   Or is "red outlined boundary" defined, and within that definition it refers to a defined area?

KBNewby

No the defined area and the red outlined section are both the flat plans, and are absolutely identical. The red outline is on the land registry entry, and the defined area plan is on the lease document. They both show exactly the same details for the boundaries of the property. 

wilfred30

If your buyer's solicitor won't budge, it might be time to put your flat back on the market.  Or, at least, tell your EA that's what you're thinking of doing to try and force their hand.

davidmcn

As above, I would just threaten to remarket and tell them you need to find a buyer who doesn't make absurd demands.

quotememiserable

I had something similar a few weeks ago. Buyers (or at least their solicitors) would not lie down on a trivial point. In the event I had to say I can't help any further and asked the agent to re-market the house. Then the buyers decided they weren't bothered after all, and went ahead.

pinkteapot

Unless the issue is a blocker for the mortgage company, the buyer can choose to proceed against their solicitor's advice (if they also feel their solicitor is being over-zealous). However, inexperienced buyers are unlikely to do this. 

I would also threaten to re-market. Some years back my mum was selling a house, initially to a FTB who raised insane issue after insane issue. Eventually she gave up, re-marketed, and re-sold to someone else and it went through quickly and smoothly! Tell the EA to tell the buyer that your solicitor has advised this is a non-issue. You're happy with that, but are still prepared to pay for the indemnity if necessary to get the sale moving. If that's not acceptable and they don't exchange by X date you're putting it back on the market. 

KBNewby

Thanks guys. I have re-offered the indemnity, advised why we're not happy going ahead with the DoV and forwarded the buyer my solicitors essays on the matter through the EA. There is no mortgage to worry about, and the partner of my solicitors who is incredibly experienced has said we're going way and above with even offering the indemnity, he's not even sure what could happen that the indemnity would cover!!

The buyer has brought up ridiculous demand after ridiculous demand, but I really don't want to be relisting unless I absolutely have to!! May have to bite the bullet though...argh! Wish me luck.

m0bov

In my shoes, I'd be re adverting now, then I'm not wasting time. Time to take back control as the buyer might try and gazump at the last minute.