HELP! First Port Management Pack refund?

MollDee

Back last year I paid £520 for a management pack from Firstport.
Unfortunately the buyer kindly gazundered us then backed out on day of completion so it was never used. 
We re-sold and was told my Firstport about a month ago that they no longer provided management packs, email said:

 'I understand that we provided a pack last year but since we have updated our procedures and we no longer provide packs for ‘onboarding’ properties.'

Im i liable for a refund? £520 is a lot of money to spend on something that doesn't even exist anymore or was never used!

EssexHebridean

As a general rule a sales - or management pack had an expiry date for use within a conveyancing transaction anyway, and if yours was originally applied for last year I think it would be well expired by now. the fact that it was never used isn't relevant I'm afraid - the work of preparing it was still done and it was supplied.

I'm still feeling slightly astonished at hoe FP manage to justify charging that sum for one in the first place mind you! 

At least if your buyer backed out on completion day I presume you got to hang on to their deposit? Or was this a simultaneous exchange/complete? regardless, it's an incredibly rough situation to have had to deal with. :-( 

loubel

The management pack was used. If the sale fell through on the day of completion then the buyer's solicitors will have reviewed it and reported on it to your buyers. That they decided not to proceed with the purchase is unfortunate but does not mean that you get a refund on the pack. Even if they hadn't done anything with it you wouldn't be entitled to a refund though as the charge is for them preparing the pack, which they duly did.

I'd be more concerned about how you are going to sell to someone else if they aren't prepared to provide another pack. No buyer will proceed without answers to standard questions on the management of the building, insurance, disputes, service charges etc. Are they really saying they won't deal with these enquiries or are they just saying they have changed how they respond since last year and don't have a standard sales pack anymore?

Tiglet2

MollDee said:

Back last year I paid £520 for a management pack from Firstport.
Unfortunately the buyer kindly gazundered us then backed out on day of completion so it was never used. 
We re-sold and was told my Firstport about a month ago that they no longer provided management packs, email said:

 'I understand that we provided a pack last year but since we have updated our procedures and we no longer provide packs for ‘onboarding’ properties.'

Im i liable for a refund? £520 is a lot of money to spend on something that doesn't even exist anymore or was never used!

As a seller, you are responsible for the purchase of a management pack.  You are buying it for the buyers and their solicitors to review the pack and raise any enquiries relating to it.  You can be sure that the pack was used by the buyers and their solicitor, but for some unknown reason your buyer decided to pull out of the transaction.  That doesn't mean you can claim the cost of the management pack back. 

The pack was put together by First Port and provided to your solicitor, who then forwards it to the buyer's solicitor.  That's what happens.  If you hadn't exchanged, then you or your buyer can pull out at any time because there is no binding contract before exchange.

If you are still hoping to sell, you may even have to pay for another pack if your new buyer's solicitor insists on an up-to-date pack being provided, although some will accept an old pack but with new service charge statements being provided.

I'm really not sure why First Port don't provide management packs for onboarding properties, I've not heard of that before.  Perhaps it's a new thing, but First Port will still have to respond to a buyer's solicitors enquiries.

Tiglet2

Just to add, I've looked on the First Port website and there is nothing on there to suggest that they do not provide management packs.  In any case, there won't be any buyer's solicitor who would be prepared to exchange and complete without one and a buyer would be strongly advised not to skip this step.

NameUnavailable

You probably can't get a refund as you requested a pack which was provided. It's not their fault your sale fell through.

I would query with them however, it seems someone is confused about something. Onboarding is an odd term to use and I cannot imagine that they aren't providing leaseholders with management packs to sell their leases - it would be almost impossible to sell at all!

km1500

Firstport do provide management packs