Missives - The small print

BeasleyJones

We are in the process of buying a new house in a development of 100 - (Scotland). We received the missives today for signing and noted that an addition to the missives stated that not more than one dog and or cat was permissable. We approached the sales development staff with this and were told that they thought that this has been removed from the missives. After we pointed this out to the sales staff they reckoned that it was not a problem as some of the residents were known to have two dogs and one had four cats, and no one had brought this to their attention before. We have three dogs which the sales staff were made aware of at the begining of negotiations. Does anyone know what the legal position is, if it is found that that some of the solicitors have included the schedule with the pet restrictions in it and some have not.

Thanks

merlinthehappypig

You simply need to get your solicitor to send the missive back with the restriction on pets removed or amended. That's what the missives are for. Don't conclude the bargain until the missives read as you want. If you conclude the bargain with the restrictions still in place then legally the restriction can be enforced.

Simply tell your solicitor that the pets part of the contract shouldn't be there, according to the sales staff, and that you won't proceed until it is removed or amended.