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Selling back to the council with Section 20

Looking for advice/signposting is possible :) I'm selling my flat back to the council and we find ourselves at the point of exchange with the council stating they'll deduct the s20 estimation from the agreed sale price. This wasn't in the original terms of the offer, as it explicitly says that they'd deduct an amount if the s20 has been billed. It hasn't. And won't until September according to the council.
The work has been completed between us accepting their offer (May 2022) and finally having a progressable house to purchase. Basically, I'm panicking as it looks like we'll be unable to move as the 6.5k they're deducting affects our mortgage offer as we're using the sale of the flat as deposit. Has anyone else experienced similar? Ideally I'm looking for a way to negotiate not paying the 6.5k prediction and to continue with my purchase. Or is it simply tough luck, I have to pay the 6.5k and stay in my flat.
Hope this makes sense! And thanks for reading

Comments

  • Jonboy_1984
    Jonboy_1984 Posts: 1,233 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    The value of a flat is generally considered to be impaired by the value of an outstanding section 20 and if sold on the open market it would be negotiated over whether a lower price is paid or the seller pays it before sale.
  • eddddy
    eddddy Posts: 18,091 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

     Ideally I'm looking for a way to negotiate not paying the 6.5k prediction and to continue with my purchase. Or is it simply tough luck, I have to pay the 6.5k and stay in my flat.


    As with any buyer, the council is free to reduce it's offer for any reason it likes, right up until exchange of contracts.

    You can try to persuade them to change their minds - perhaps by saying...

    • That's not what they said originally, and/or
    • If they do that, you won't be able to proceed with the sale (how desperate are they to buy your flat?)

    But, for example, if somebody at the council has found a council policy document saying that the offer has to be reduced by £6.5k in these circumstances - I doubt any council officer would be keen to break the rules.

     

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