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

Miri_J

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!

loubel

  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

What exactly is the form asking you to waive?

Miri_J

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

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

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.

EssexHebridean

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.