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Questions from buyer's solicitor

24

Comments

  • Tumtitums
    Tumtitums Posts: 332 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    im not removing any built in shelves, light fittings, light shades, nails on the wall where pictures are
  • GDB2222
    GDB2222 Posts: 26,465 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 12 October 2020 at 6:50AM
    As you’re not actually removing any fixtures or fittings, that’s not an issue. Any marks where your bed is are not covered by that clause. Your bed and sofa are not fixtures or fittings.

    You need to discuss any proposed service charge retention once you know the proposed amount. The buyers could want a preposterous amount, in which case the sale won’t go ahead. Or it could be very little. You need to wait and see. Retentions are very common. It’s the amount that matters.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tumtitums said:
    im not removing any built in shelves, light fittings, light shades, nails on the wall where pictures are
    Well, that's what the question is about, so you're fretting unnecessarily. 
  • If you are not removing any shelves, there is nothing to repair or make good then. 
    We did remove bedroom shelves and a tv bracket from room, these walls I repaired, filled, sanded and repainted for new owners as I couldn’t leave a huge ugly screw hole for them. 
    As long as you carefully remove your bed, sofa, fridge and leave no damage there should be no issues with new owners. 
  • GDB2222
    GDB2222 Posts: 26,465 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    There’s often a mark on the wall where the sofa has been. That’s just how it is, and the sellers are not expected to redecorate.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • eddddy
    eddddy Posts: 18,174 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tumtitums said:

    I am selling a leasehold flat and i have paid all charges and ground rent for the whole year so i was expecting money back and not to have to set money aside  as a retention for excess service charge
    so i am quite annoyed at this .If its £100-200 then ok but when am i to get this back ??. I had budgeted everything carefully but had not budgeted for this as this is the first time im hearing about this. If they ask for too much then the sale cant go ahead


    Often, it's £250 retained for 6 months (or until the year end accounts are ready).

    If you've paid an estimated annual service charge in advance, as you suggest, the buyer will reimburse you part of the year. (Note that it's the buyer who reimburses you, not the freeholder/management co.)

    But you've probably paid an estimated service charge in advance. If it turns out that the estimate was too low, some money will be taken from the retention to cover the shortfall - and you'll get the rest back.

    If you want, you can ask for a retention as well - in case it turns out that the estimate was too high, so there's a surplus left over at the end of the year, and you want some of it back. (But TBH, most people don't usually bother.)


    Most solicitors do all the stuff mentioned above automatically (apportionment of service charge, retention), and allow for the work involved in their quote.

    But a few 'budget' solicitors exclude it, to make their quotes look cheaper - so you have to tell the solicitor to do it, and they charge you extra for it. So it might be best to check with your solcitor.




  • Tumtitums
    Tumtitums Posts: 332 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    as far as im aware a sofa , washing machine, fridge, bed are fittings , i'm definitely not removing any built in shelves . My reading is this statement is that i am supposed to check that any damage is fixed to the buyers satisfaction, this is simply impractical for me to do when im busy moving, im not sure how i can agree to this in writing to a solicitor
  • Tumtitums
    Tumtitums Posts: 332 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    GDB2222 said:
    There’s often a mark on the wall where the sofa has been. That’s just how it is, and the sellers are not expected to redecorate.
    but thats not what the statement says, it says im expected to repair such damage to the buyers satisfaction

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tumtitums said:
    as far as im aware a sofa , washing machine, fridge, bed are fittings
    Your awareness is simply incorrect. I'm not sure why you asked here if you're so reluctant to accept our advice.
  • Tumtitums
    Tumtitums Posts: 332 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    eddddy said:
    Tumtitums said:

    I am selling a leasehold flat and i have paid all charges and ground rent for the whole year so i was expecting money back and not to have to set money aside  as a retention for excess service charge
    so i am quite annoyed at this .If its £100-200 then ok but when am i to get this back ??. I had budgeted everything carefully but had not budgeted for this as this is the first time im hearing about this. If they ask for too much then the sale cant go ahead


    Often, it's £250 retained for 6 months (or until the year end accounts are ready).

    If you've paid an estimated annual service charge in advance, as you suggest, the buyer will reimburse you part of the year. (Note that it's the buyer who reimburses you, not the freeholder/management co.)

    But you've probably paid an estimated service charge in advance. If it turns out that the estimate was too low, some money will be taken from the retention to cover the shortfall - and you'll get the rest back.

    If you want, you can ask for a retention as well - in case it turns out that the estimate was too high, so there's a surplus left over at the end of the year, and you want some of it back. (But TBH, most people don't usually bother.)


    Most solicitors do all the stuff mentioned above automatically (apportionment of service charge, retention), and allow for the work involved in their quote.

    But a few 'budget' solicitors exclude it, to make their quotes look cheaper - so you have to tell the solicitor to do it, and they charge you extra for it. So it might be best to check with your solcitor.





    Thanks i think if its a max of £250 id be ok with this .  I think i need to discuss this with my solicitor however its very hard to speak to someone other than a secretary at the company i am using which is getting very annoying
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