First time buyer and landlord - Flat bought on auction with hidden service and ground rent arrears

justwhat

eddddy said:

justwhat said:

The legal pack has to be factual and correct, it must contain facts. it must state what is being sold and you must get what it says. Otherwise any old carp can be put in there. The purchasing solicitor should verify you are getting what it says in the legal pack. The legal pack is or should be what the selling solicitor is selling. 

Link below covers the basic's 

https://www.propertyreporter.co.uk/auctions/egal-pack-misrepresentation-is-losing-investors-money-at-auctions.html

I think you've missed the point. This isn't a dispute about the content of the legal pack.

The issue is that the previous owner has service charge arrears. 

If the previous owner had said in the legal pack "there are no service charge arrears" - then your point might be relevant. But the OP hasn't suggested that's the case.

i assumed as the OP said legal pack said "no rent arrears" then there should be no ground rent arrears . And Surely the selling solicitor has an obligation to include relevant info if he is aware of it. 

user1977

justwhat said:

eddddy said:

justwhat said:

The legal pack has to be factual and correct, it must contain facts. it must state what is being sold and you must get what it says. Otherwise any old carp can be put in there. The purchasing solicitor should verify you are getting what it says in the legal pack. The legal pack is or should be what the selling solicitor is selling. 

Link below covers the basic's 

https://www.propertyreporter.co.uk/auctions/egal-pack-misrepresentation-is-losing-investors-money-at-auctions.html

I think you've missed the point. This isn't a dispute about the content of the legal pack.

The issue is that the previous owner has service charge arrears. 

If the previous owner had said in the legal pack "there are no service charge arrears" - then your point might be relevant. But the OP hasn't suggested that's the case.

i assumed as the OP said legal pack said "no rent arrears" then there should be no ground rent arrears.

That was (almost certainly) referring to any arrears due to the vendor under the occupational lease.

Surely the selling solicitor has an obligation to include relevant info if he is aware of it. 

Why would they? Neither the seller nor their solicitor is obliged to disclose anything in particular. Which is why buyers either need to know what they're doing, or to employ somebody who does, in order to interpret the legal pack and what information might be missing from it. And that needs to be done before they bid, as the seller is under no obligation to cooperate with any enquiries afterwards.