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Not my garage

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  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    splodge2018 wrote: »
    I finally get informed the garage was not mine as it was released from the lease years ago. [/FONT]

    Who informed you?
  • sevenhills
    sevenhills Posts: 5,886 Forumite
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    PasturesNew wrote: »
    OP said the garage wasn't in the property advert.
    No garage mentioned.

    It was only in the late stages that the solicitor said there appeared to be a garage too.
    OP didn't buy it for the garage - and it wasn't priced with a garage.

    I'd just take the £100 ....


    £100 is their first offer, you could go for £200 or more if you want to push it. It should really have been confirmed, if it was different from what was thought.
  • HampshireH
    HampshireH Posts: 4,480 Forumite
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    What does the lease you have say and your particulars?

    Have you been provided with the before or after version throughout your purchase process.
  • TuppenceWorth
    TuppenceWorth Posts: 148 Forumite
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    Is it a brick garage that can house a car or some crumbly wooden structure?

    It doesn't matter what the original intention was. You exchanged on the basis of there being a flat with "garage".
    I believe that the solicitor should be held accountable if they were negligent. For what sum? I've no idea...
  • HampshireH
    HampshireH Posts: 4,480 Forumite
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    Is it a brick garage that can house a car or some crumbly wooden structure?

    It doesn't matter what the original intention was. You exchanged on the basis of there being a flat with "garage".
    I believe that the solicitor should be held accountable if they were negligent. For what sum? I've no idea...

    Surely its the buyers responsibility to check the paperwork. My solicitor made it very clear when we were buying that we were to chexk the LR information to ensure it was correct as they had never visited the property.

    The buyer has to take some responsibility in not querying the paperwork against what ths solocotor said. Unless the paperwork is the original with it all included
  • HampshireH
    HampshireH Posts: 4,480 Forumite
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    That said I don't dispute the solicitor was inaccurate and should have provided accurate information
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    HampshireH wrote: »
    That said I don't dispute the solicitor was inaccurate and should have provided accurate information

    Then surely the buyer should have querying the matter at the time that the solicitor mentioned it. Rather late after buying the property to then ask where the garage was. Solicitors don't personally visit properties. Merely acting on the paper that's in front of them.
  • Tiglet2
    Tiglet2 Posts: 2,470 Forumite
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    originally I didn’t know about the garage as it was never on the brochure and was happy to buy before I was informed of the garage. I guess you could say it was a bonus but over the weeks I expected to have a garage and made plans for it.

    What did the vendor tell you when you initially viewed the property? Did they even mention it?

    Sounds to me like you were buying a property advertised without a garage and you were not expecting to have one. Now you have been told that there 'was' a garage, but it could have been sold prior as a transfer of part (as mentioned above in my earlier post). In this instance, the title register would have to be updated to describe the land and property but without any mention of a garage.

    The original lease may describe garages and include a plan with the garage marked. How old is the lease? Are there any other newer documents relating to the removal of the garage? Your solicitor can obtain documents from Land Registry which may throw light on this, but if you did not notice that the title plan and lease plan were different and did not raise this as a query, I am not surprised it had been missed. Your solicitor doesn't visit the property and relies on you to advise him of any discrepancies between the documents you receive during the course of the transaction.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    Tiglet2 wrote: »
    originally I didn’t know about the garage as it was never on the brochure and was happy to buy before I was informed of the garage. I guess you could say it was a bonus but over the weeks I expected to have a garage and made plans for it.

    What did the vendor tell you when you initially viewed the property? Did they even mention it?

    Sounds to me like you were buying a property advertised without a garage and you were not expecting to have one. Now you have been told that there 'was' a garage, but it could have been sold prior as a transfer of part (as mentioned above in my earlier post). In this instance, the title register would have to be updated to describe the land and property but without any mention of a garage.

    The original lease may describe garages and include a plan with the garage marked. How old is the lease? Are there any other newer documents relating to the removal of the garage? Your solicitor can obtain documents from Land Registry which may throw light on this, but if you did not notice that the title plan and lease plan were different and did not raise this as a query, I am not surprised it had been missed. Your solicitor doesn't visit the property and relies on you to advise him of any discrepancies between the documents you receive during the course of the transaction.

    How would visiting the property have enabled the OP to know that the lease document he was provided stating he would own a garage, was inaccurate/out of date. It's not that the garage doesn't exist, it's that someone else owns it.
    As for the OP checking if leases are up to date, haven't been superceeded etc what's the solicitor for then?
    And all this happened befure he exchanged so whose to say the final price he agreed to pay wasn't influenced by knowledge it contained a garage he could rent out
  • HampshireH
    HampshireH Posts: 4,480 Forumite
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    Then surely the buyer should have querying the matter at the time that the solicitor mentioned it. Rather late after buying the property to then ask where the garage was. Solicitors don't personally visit properties. Merely acting on the paper that's in front of them.

    Yes I said that in the post before the one you quoted.
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