Pull out of flat purchase because of uncertain parking?

ExEstateAgent

I expect that your solicitor is waiting on the management pack to then send all queries in one go. Not what you wanted but you should go back and stress that you want them to deal with this query as a matter of priority.

The 'fist come first served' comment is a worry though. What does that even mean in this situation? From the vendors point of view they also need to address this as if you pull out, the next 'buyer' might do the same.

podrammu

Not a solicitor, but from what I understand the contract pack is what sets out the legal position, whereas the management pack is more about ongoing management and costs. There might be vauge references in the management pack to how parking is used or maintained, but I’m not going to assume that clear legal evidence has somehow been missed from the contract pack and will just magically appear later in the management pack. That doesn’t make sense, and it feels like my solicitor is deferring the issue rather than addressing it

ExEstateAgent

I think you misunderstood my comment. Ask your solicitor for a definitive answer.

eddddy

podrammu said

Not a solicitor, but from what I understand the contract pack is what sets out the legal position, whereas the management pack is more about ongoing management and costs. There might be vauge references in the management pack to how parking is used or maintained, but I’m not going to assume that clear legal evidence has somehow been missed from the contract pack and will just magically appear later in the management pack. That doesn’t make sense, and it feels like my solicitor is deferring the issue rather than addressing it

I think ExEstateAgent was saying that your solicitor probably wouldn't normally ask the seller's solicitor one question at a time - because that would be inefficient for both solicitors.

Instead, your solicitor might be waiting for the management pack - then your solicitor will read the contract, read the management pack, and re-read your emails and put all the questions together in one email (including your questions about parking).

So maybe you should explain to your solicitor that the parking issue is a top priority, which might result in you withdrawing from the purchase - so could your solicitor make an exception, and ask this question straight away.

michael1234

I recently was looking at what round here would be considered a very cheap flat as a buy2let. 150k and yet the solicitors wanted 2.5k.

OP, I'm not joking, I'd rather pay a layman like you than a "solicitor" who is dealing with 100 other cases. Really awful what you have and well done for reading the docs yourself. Perhaps next time you might consider getting the lease and the other land registry docs yourself prior to instructing a useless solicitor. Whenever I've done it, the lease comes in hard copy (unfortunately) and takes about a week.

GeneralJoe

Personally I wouldn't exchange until your solicitor has given you a clear written answer on whether the parking space is actually granted with the flat. If parking is a big part of the value, a highlighted plan or seller assurance wouldn't be enough for me.

I'd be asking for the exact lease/title wording or plan reference that gives exclusive use. If they can't produce it, I'd treat it as no guaranteed parking and either renegotiate or walk away.

podrammu

Update - Its now been 1 week since I gave the 10 day limit and I've heard nothing - not from the sellers side, not from the EA and certainly not from my solicitor. Even my escalation email to the Senior partner asking for him to review my file and confirm went completely ignored. The silence says enough and I've lost confidence in the deal to the point where I'm not even checking my emails to see if theres anything new, nor does it cross my mind during the day, so I'm detached from it all now and no longer want to carry on regardless of whether theres something vague or not.

I'll give them til this Friday (that will be day 8) and cleanly leave at the end of the week. Will submit a formal complaint to my solicitors firm showing the documented timeline of mishandling along with screenshot appendices asking for a substantial reduction/waiver for the partial bill I'd have to pay since pulling out. Out of everyone involved the EA has been the most helpful and they're technically not even hired by me haha

Archergirl

podrammu That's really bad I should hope that they will give you a big discount if not clear your bill, as if it had been found out sooner that there was no designated parking I sure you would have pulled out then.

If the bill is itemised and dated see up to the first time the parking was mentioned and certainly don't pay anything due after that date as he was just stalling.

Hope you soon find something better.

RelievedSheff

You have stuck with this purchase a lot longer than we would have!

Parking was a big priority for our house move as well. It was something we were not willing to compromise on and something which really narrowed down our pool of houses to choose from in an already narrow search area. We did in the end have to widen our search area by a couple of miles to find what we wanted.

I hope that you find somewhere else quickly and good luck with finding a better solicitor. Yours sounds as though they have been really bad.

Sistergold

in London if I was buying and the parking space became questionable I would pull out. If it is not in the lease then take it that there is no parking and use this information to proceed or not.