To pull out?

Seabass2021

Hi there, I hope someone may be able to advise. I sold my property in 2019 and had to wait for my partner's to sell before we could buy a place together. He finally had an offer in October 2020. We put in an offer, which was accepted, on a house in November. Our solicitor was working on it and the mortgage offer was received when the sellers pulled out in January as their onward purchase did not work out. Then, in February, we put in an offer on a second property, had to pay for more searches, a new valuation and more legal work. Then, a few weeks prior to completion, the sale fell through as they received an accepted a higher offer. 
In the meantime, our rented  accommodation became unavailable and we are now living with my child in my parent's family home, which is not ideal! Anyway, we found a new property in April and have offered £320,000. They stated that they felt this was low, as apparently they had an offer of £350,000 but accepted as long as we moved fast. We have our deposit from both our sales and a mortgage. There is no chain.
The searches are done and are fine, however, the sellers advertised the property as coming with ample parking. They have a space to the side of the house where they park their car. However, it transpires that this area does not belong to the house but is actually the neighbour's land. We would have access rights, but not parking rights. The property is in the countryside and a car is essential. We would have to park on the road.  We would not have offered on the house if we thought there was no off-road parking and feel we have been misled. The sellers say there is no problem as they've always parked there and have informally claimed the land. However my solicitor is warning me that should we go ahead, we might not be able to recoup our money should we resell and feels also that we have been duped.  We have asked them to approach the neighbour to enquire about buying the space, but they have said no. The back garden is extremely small so there is very little land with the property and indeed, we have had to get an indemnity policy for a further section of the garden which also turns out to be not part of the property. 
I'm in such a panic that this will fall through but equally I'm worried about paying for something that we are not getting. We need a home desperately and now have a bill in the thousands for the previous legal work and valuations. The estate agent said that the sellers told them they owned the space so are not being much use. Where do we go from here? Any advice would be gratefully received. 

lonibra

I don't want to sound flippant but clearly you've been misled (whether intentionally or not) throughout the process and you appear to be unhappy with the actual lay of the land now that the picture is much more clearer.

That being the case, I would recommend that you avoid the temptation to chase your losses and indeed pull out. That's what I would do.

wilfred30

Seabass2021 said:

The searches are done and are fine, however, the sellers advertised the property as coming with ample parking. They have a space to the side of the house where they park their car. However, it transpires that this area does not belong to the house but is actually the neighbour's land. We would have access rights, but not parking rights. The property is in the countryside and a car is essential. We would have to park on the road.  We would not have offered on the house if we thought there was no off-road parking and feel we have been misled. The sellers say there is no problem as they've always parked there and have informally claimed the land. However my solicitor is warning me that should we go ahead, we might not be able to recoup our money should we resell and feels also that we have been duped.  We have asked them to approach the neighbour to enquire about buying the space, but they have said no. The back garden is extremely small so there is very little land with the property and indeed, we have had to get an indemnity policy for a further section of the garden which also turns out to be not part of the property. 
I'm in such a panic that this will fall through but equally I'm worried about paying for something that we are not getting. We need a home desperately and now have a bill in the thousands for the previous legal work and valuations. The estate agent said that the sellers told them they owned the space so are not being much use. Where do we go from here? Any advice would be gratefully received. 

Both of those statements can't be true.  It's either one or the other!

AdrianC

Seabass2021 said:

Anyway, we found a new property in April and have offered £320,000. They stated that they felt this was low, as apparently they had an offer of £350,000 but accepted as long as we moved fast. We have our deposit from both our sales and a mortgage. There is no chain.
The searches are done and are fine, however, the sellers advertised the property as coming with ample parking. They have a space to the side of the house where they park their car. However, it transpires that this area does not belong to the house but is actually the neighbour's land. We would have access rights, but not parking rights. The property is in the countryside and a car is essential. We would have to park on the road.  We would not have offered on the house if we thought there was no off-road parking and feel we have been misled. The sellers say there is no problem as they've always parked there and have informally claimed the land. However my solicitor is warning me that should we go ahead, we might not be able to recoup our money should we resell and feels also that we have been duped.  We have asked them to approach the neighbour to enquire about buying the space, but they have said no.

The vendor said "No, we won't ask", or the neighbour said "No, we won't sell"?

Have you actually spoken to the neighbour? Are they happy for you to continue parking there?

One thing's for sure, it doesn't sound like there's any adverse possession claim over the land possible.

I'm in such a panic that this will fall through but equally I'm worried about paying for something that we are not getting.

You are buying what the LR title deeds show.

I'm a little surprised this has taken four months to come up - when did you first look at the LR plan with your solicitor?

We need a home desperately and now have a bill in the thousands for the previous legal work and valuations.

The previous abortive purchases are irrelevant to this one.

All that back story only makes it harder for you to make the decision to walk away...
It doesn't make it any wiser to make the decision not to, if you really should.

The estate agent said that the sellers told them they owned the space so are not being much use.

It's not their job to determine the reality of the situation.
It's your solicitor's.

Your solicitor has done what you are paying them for. Good solicitor. Have a biscuit.

But only one, because this should have been dealt with months ago.

tdawber

I think there are hiccups with any house purchase, you could have problems with another property you decide to buy?
Regarding costs, you need a property so the costs will have to be swallowed as costs do not go away when purchasing again.
 

It’s infuriating starting again…..

For me if you want the house you should buy it. 

Tiglet2

Reading between the lines of the opening post, it is obvious to me that this is a deal breaker.

You will not be happy without parking and if the property next door is sold to new owners, they may well refuse to allow you to park there.

Find another property.

barbiedoll

we found a new property in April and have offered £320,000. They stated that they felt this was low, as apparently they had an offer of £350,000 but accepted as long as we moved fast.

No wonder they were looking for someone who could "move fast", they were probably hoping that you were so desperate to move that you wouldn't be too bothered by their big fat lie about the parking space.

If they're hoping for a quick sale, would you feel better about this if the price was lower? If so, you could renegotiate? You do hold all of the cards at the moment, and even if they find another buyer, this issue isn't going to go away.

Soot2006

This would be a deal breaker for me, and it sounds like it is for you too.

However, that does mean you have "nothing to lose", so why not find out to whom the parking land is actually registered, contact me, and ask to buy the land (if you can afford it, of course!). If the answer is "no", then you need to walk away. It's not the perfect property as you mention the garden is small, etc ...  If the answer is "ok", then you negotiate and make sure the purchases are linked i.e. one doesn't happen without the other.

Good luck as house buying is always stressful, but your journey has been particularly so. One day it will feel like a distant memory.

babyblade41

Normally you have access to the deeds in the initial stages ... did they differ to what you were told ??

Titus_Wadd

I'd pull out.  Don't waste time and hope to buy the parking plot; it's not worth the hassle.  It's awful to lose more money on a third non-starter but trust me, parking woes are awful.  I know living with relatives isn't ideal but you owe it to yourselves to find the best home possible.  Keep looking, you will find somewhere.

GixerKate

I also live in the countryside and offstreet parking is a deal breaker for me I'm afraid.  What you have gone through truly sucks but you shouldn't get a house if its not right for you, if I were in your shoes I would cut my loses and look for something else.