Estate agents didn't tell us

northwest1965

We put an offer on a property & instructed solicitors. The property is a freehold house with rights of way across a gravel driveway.
In the meantime time we had a level 3 survey done. £700
We have just had paperwork from the solicitors today stating the right if way land is leasehold, an amount paid yearly. Apparently there are major works in progress & we will have to pay if we complete.
Should the agent have told us this information?
(A buyer pulled out a week before we made an offer).
If they knew & didn't tell us, what course if action could we take?

user1977

Why would you have to pay? Isn’t it up for negotiation between you and the sellers?

northwest1965

user1977 said:

Why would you have to pay? Isn’t it up for negotiation between you and the sellers?

The work that needs to be paid is for the leasehold ground. We would be the owners so would have to pay.

I'm more interested as to why agents ommited to tell us about leasehold part

Flugelhorn

I think I would have asked who owned the gravel driveway - if it was an individual that is one thing but if it is a freeholder with a management company or similar then that would mean £££. 
Always ask who owns shared drives

user1977

northwest1965 said:

user1977 said:

Why would you have to pay? Isn’t it up for negotiation between you and the sellers?

The work that needs to be paid is for the leasehold ground. We would be the owners so would have to pay.

But if the cost is known and imminent, why can't you account for that in the price, or have a retention?

I'm more interested as to why agents ommited to tell us about leasehold part

Why does it matter to you whether it's leasehold or freehold?

TheJP

Estate agents dont always have the detailed information regarding properties, they go by what the seller tells them. This is why you instruct a solicitor whose job it is to find out the details, protect your interests and guide you through the process.

Albermarle

EA's are sales people on commission.
What they are interested in is making an attractive package for Right Move and getting viewings.
They are not the people to rely on more detailed info about things like shared driveways. 
They may well have not been told, or were told but did not realise any significance ( some are rather inexperienced), or just forgot, or deliberately did not pass the info on.
You can not prove which one it is, so just move on.

northwest1965

Flugelhorn said:

I think I would have asked who owned the gravel driveway - if it was an individual that is one thing but if it is a freeholder with a management company or similar then that would mean £££. 
Always ask who owns shared drives

We did and was told it was the house at the front of the road. Our house is behind

northwest1965

user1977 said:

northwest1965 said:

user1977 said:

Why would you have to pay? Isn’t it up for negotiation between you and the sellers?

The work that needs to be paid is for the leasehold ground. We would be the owners so would have to pay.

But if the cost is known and imminent, why can't you account for that in the price, or have a retention?

I'm more interested as to why agents ommited to tell us about leasehold part

Why does it matter to you whether it's leasehold or freehold?

Owners not benefitting from the work, so don't want to pay.
Leasehold means an annual fee

user1977

northwest1965 said:

user1977 said:

northwest1965 said:

user1977 said:

Why would you have to pay? Isn’t it up for negotiation between you and the sellers?

The work that needs to be paid is for the leasehold ground. We would be the owners so would have to pay.

But if the cost is known and imminent, why can't you account for that in the price, or have a retention?

I'm more interested as to why agents ommited to tell us about leasehold part

Why does it matter to you whether it's leasehold or freehold?

Owners not benefitting from the work, so don't want to pay.

Ok, but is that any different in principle to you discovering some work needing done to the house itself?

Leasehold means an annual fee

How much, to whom and for what? If it were a freehold drive and shared you'd still have the shared liability for maintenance.

pinkshoes

northwest1965 said:

We put an offer on a property & instructed solicitors. The property is a freehold house with rights of way across a gravel driveway.
In the meantime time we had a level 3 survey done. £700
We have just had paperwork from the solicitors today stating the right if way land is leasehold, an amount paid yearly. Apparently there are major works in progress & we will have to pay if we complete.
Should the agent have told us this information?
(A buyer pulled out a week before we made an offer).
If they knew & didn't tell us, what course if action could we take?

We have a very similar set up. 

3 detached freehold houses. My two neighbours have ROW over the back of our drive. No yearly charges but should work need doing to it, the cost is split 3 ways.

We've been here 10 years and its still fine.

What is this major work? I'd be deducting the share from the amount offered.