PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Freehold Management Pack Not Available should I sign Solicitor's waiver form

I'm buying a house that's only a few years old. The estate hasn't quite been completed so the freehold management company (Pinnacle) are saying that they haven't set up the estate management company and so the freehold management pack isn't available. This is making my solicitor nervous and they are talking about asking me to sign a waiver form, presumably to protect them (the solicitor) in case anything goes wrong.

I'm wondering what my options are.

I've been given some bad advice along the way here. They told me originally that the estate would be managed by the residents, not by a third party company. Then there have been a lot of delays. I've now got my back against the wall with a buyer threatening to pull out if we don't move by early January and ex-H not helping. So I have to sell, without giving too much personal info, renting isn't an option.

What might happen if I refuse to sign my solicitor's waiver form?
What might happen if I threaten to pull out if they don't come up with a freehold management pack?
I'm considering making a complaint about this but have been told don't do it yet as it will delay things even further. I don't want to sign away my right to complain!

Comments

  • loubel
    loubel Posts: 993 Forumite
    Part of the Furniture 500 Posts Name Dropper
      If you don't want to sign the waiver then I expect you will need to instruct a new solicitor or find a new property.

    Making an ultimatum to your seller seems the better option at this point, as they might be able to get the issue sorted once they realise it is a deal breaker for you.
  • Herzlos
    Herzlos Posts: 15,659 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What exactly is the form asking you to waive?
  • Miri_J
    Miri_J Posts: 62 Forumite
    10 Posts First Anniversary Name Dropper
    Herzlos said:
    What exactly is the form asking you to waive?
    I haven't seen it yet, I think it will ask me to waive any right to sue my solicitor if the management pack contains wording that I'm not happy with or if something goes wrong with that. I will obviously have to read it very carefully.
  • km1500
    km1500 Posts: 2,707 Forumite
    1,000 Posts Second Anniversary Name Dropper
    more to the point, do you even want to buy a property with an unknown pack - there could be literally anything in it
  • Miri_J
    Miri_J Posts: 62 Forumite
    10 Posts First Anniversary Name Dropper
    km1500 said:
    more to the point, do you even want to buy a property with an unknown pack - there could be literally anything in it
    As far as I can tell, most of the points are laid out in the deeds. But I think that's the problem! Trouble is if they had given me correct and timely information I could've backed out in October and found something else, not be staring at an impossible situation now.
  • The waiver will most likely be confirming that you have been warned about the risks in proceeding, and advised that proceeding could leave you in a poor position, and that you have decided to go ahead against the solicitor’s advice. It’s pretty standard, and yes, you are correct, it is to ensure that you can’t subsequently go back with a complaint on that issue!

    there may be specific information that the sellers can provide - for example management charges thus far - and those can then be compared with what is in the documentation that is available. It would also be usual that the Management Co would answer specific enquiries from you (via your solicitor) if anything arises from the information that can be obtained. 
    🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
    Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
    Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
    £100k barrier broken 1/4/25
    SOA CALCULATOR (for DFW newbies): SOA Calculator
    she/her
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.2K Banking & Borrowing
  • 252.8K Reduce Debt & Boost Income
  • 453.2K Spending & Discounts
  • 243.1K Work, Benefits & Business
  • 597.5K Mortgages, Homes & Bills
  • 176.5K Life & Family
  • 256.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.