Missing information prior to house purchase

jabbacat

I bought my house in 2018. This year I sold it only for the buyer to pull out because of a restrictive Deed of Covenant which has been in place since 1973. I was unaware of this Deed and approached the Solicitors who acted for me in 2018 to ask why. They said a letter was sent telling me about the Deed and asking if I had any concerns. I have no record of receiving this letter. I have asked them to check whether I responded; if I didn`t I feel this supports my contention that I did not receive it.
The question is- what options if any do I have? They sent a letter; I didn`t receive it. The consequences are serious for me- I wouldn`t have bought the house had I known of the D of C and it is now proving difficult to sell- but Is it just tough luck? Is there anything I can realistically do?

DE_612183

what does the deed say?

Mark_d

What exactly does the deed of covenant say, and why is it an issue?  Have you unknowingly breached it?

If the previous owners had breached it then I assume your solicitor would have taken out an insurance policy to protect you from claims against you.

The solicitors who current act for you on your house sale would be best place to advise on your options.

lincroft1710

Did the solicitors sen you a copy of their file copy of the letter they claim to have sent you? If not ask for a copy as its content may or may not indicate if the solicitors should have awaited your instructions before proceeding with your purchase. .

gwynlas

What does the deed say and is it enforceable?

Many are written in  favour of the developers but are flouted when building works completed

MyRealNameToo

The law generally considers post to have been received 2 or 3 working days after it was sent depending on postage class unless the recipient can prove they didnt receive it... generally would mean showing it was misaddressed or if its sent by tracked post that the tracking never shows delivery. The very reason why not to send documents by tracked post!

What is the convenant? Presumably you bought the house with a mortgage so its also the bank that was comfortable with it so doesnt sound the absolutely awful thing you are making it out to be as lenders won't mortgage a property they can't sell easily if the debtor defaults on the loan. 

loubel

Did you not receive a report with information on the property and copies of all of the relevant documents when you purchased? If the covenant was serious enough for them to write to you specifically about, I would have expected it to be mentioned again in the final report.