Lawyers at stalemate (juliet balconies not in lease)

Hobby83

Hey, 

I am not sure if anyone can help. I have my flat under offer and the lawyers are at stalemate over the juliet balconies.

My buyer has been told "my advisor is not worried about the value of balcony, the way it was explained to me was that within the flat there shouldn't be any areas where the access is questionable, otherwise that makes the lease defective and unfortunately the fact that there isn't explicit access to the balcony is what makes it defective. If a mortgagor were to pick up on this then they could refuse to lend which could limit who we could sell to as we are cash buyers we are really vulnerable in this regard."

I have been told by two separate lawyers that not having mentioned access to two balconies which are so small they add no value to the flat is not an issue. I have attached some photos so you can see the two balconies in question. Both myself and the buyer are in agreement that balconies add no value as you can not even access one and the other one you can barely stand on. 

To be honest I understand why the buyer is not wanting to progress. If I had that advice I would be worried too. However, I still think that her lawyers are giving her bad advice.

I have offered to pay for a Deed of Variation against the advice of my lawyers who say it is completely unnecessary. However, whose lawyers are in the right? 

Any thoughts appreciated. 






and the floor plan 

 

Hobby83

And the photo of the other balcony

user1977

That second one isn't even a balcony, is it? Just a window with a railing in front of it. There's no specific reason why a lender would care, the only risk is a buyer or lender having a really pedantic solicitor. I agree there's no material risk.

Hobby83

user1977 said:

That second one isn't even a balcony, is it? Just a window with a railing in front of it. There's no specific reason why a lender would care, the only risk is a buyer or lender having a really pedantic solicitor. I agree there's no material risk.

Yeah, it is a glorified window. To be honest both are. You can not fit a chair on the other and just about stand on it. 

propertyhunter

Well, one of them lets you wave to people doing crossfit and taunt them with a glass of wine and some chocolate.

Doozergirl

The other solicitors are being ridiculous.  A 'juliette balcony' is not a balcony that's why they're not called balconies.  The fact that it can't be used makes it irrelevant whether it is in the lease or not. 

Have they seen those pictures?  The one is a glorified windowsill and the other is literally nothing.   There's nothing to enjoy!

Tea and cake with your buyer to convince them to strong arm their solicitor and threaten to make a formal complaint for it to be to be reviewed by someone else.  This isn't your problem to solve, sadly, you may have to move on. 

We lost a buyer a couple of years ago because they said their solicitor had told them that someone could build a house in the front garden. That was an interesting viewpoint.   There's nowt so queer as folk and we can't control them.  

I used to drink in the pub across the road from you when I was about 15 😬😂.   I met my husband in what is now Foxtons - how very apt.  

Hobby83

Doozergirl said:

The other solicitors are being ridiculous.  A 'juliette balcony' is not a balcony that's why they're not called balconies.  The fact that it can't be used makes it irrelevant whether it is in the lease or not. 

Have they seen those pictures?  The one is a glorified windowsill and the other is literally nothing.   There's nothing to enjoy!

Tea and cake with your buyer to convince them to strong arm their solicitor and threaten to make a formal complaint for it to be to be reviewed by someone else.  This isn't your problem to solve, sadly.  

They have been sent the photos. Their solicitors are not budging from their opinions. They have told my buyer that it makes the property unsellable and unmortgageable when they want to move on. To be honest I really feel for her. She has to listen to her solicitors but I am now at a stalemate.

I have offered a deed of variation at £1000 out of my own pocket to make this go forward but I don't have the months it would take to get it done as I would lose my onward property. We have come to an agreement that I will pay and that they can do the deed after completion (the freeholder has confirmed they do not foresee any issues with granting the deed in writing). However, the buyer is understandably nervous that if the freeholder backs out of the deed they may be left with an unsellable flat. 

This has been so painful for both myself and the buyer and we both want it done. I do not want them to be worried about the sale but I also do not want to lose my onward flat. Which could happen in the next 3 week if we can't get this sorted. This sale is already 6 months down the line as the buyers' solicitor had to close for 3 months as they were hacked. 

bouicca21

Juliette balconies aren’t balconies they are just pretty railings to stop people falling out of the window.

hazyjo

How did they even know about them? From seeing particulars? Not like they visit.

Agree with others, they're being too picky. They really need to rename these 'balconies' don't they!

Doozergirl

hazyjo said:

How did they even know about them? From seeing particulars? Not like they visit.

Agree with others, they're being too picky. They really need to rename these 'balconies' don't they!

Not really, it's well known that a juliette balcony isn't a balcony, but a barrier.  This solicitor must have some kind of chip on their shoulder.  

Shaztastic3000

Just tell the buyer to buy the house or pull out - give them 24 hours and no more.