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    • Clarko
    • By Clarko 13th Mar 18, 9:43 AM
    • 14Posts
    • 1Thanks
    Clarko
    Help - Sale Fell Through - Title Defect
    • #1
    • 13th Mar 18, 9:43 AM
    Help - Sale Fell Through - Title Defect 13th Mar 18 at 9:43 AM
    Good Morning All,

    I am in need of some help please, it is a really long one I apologise in advance. I will try my best to explain everything, however I have never had to do anything like this before and it is all really confusing!

    During July 2017 we purchased a house via a local estate agents for 69,000. The house was sold to us as a FREEHOLD property, and it was also advertised as FREEHOLD. It was a property that was up for auction, however we purchased outside of the auction room but under auction terms and conditions.

    On the 31st July 2017 we appointed our solicitor and all our monies transferred over to the solicitor. Everything our end was sorted.

    During August 2017 we started getting phone calls from the solicitor saying that she had found an issue with the property's title. The solicitor informed us that there was a lease recorded on the deeds of the property dated from 1963 for 99 years. She also pointed out that if they were successful in removing the lease it would create a further issue by where all rights granted by that lease and particularly access to the property would be removed which would render access to the property legally impossible.

    We were promised time and time again that the issues were being sorted and they were trying lots of different ways to fix the problem.

    December 2017 and we receive a call from the estate agents saying that they aren't able to sort the issue and therefore the vendor has had to withdraw from the sale. After all that time of being promised and promised it was going to get sorted, waiting and giving them the benefit of the doubt this happens.

    March 2018 and I receive a further call from the estate agents asking me if I would consider re purchasing the property. Totally shocked I asked a few questions and they assured me that all problems had now been fixed. However....... the estate agent informs me the vendor will no longer consider the original purchase price of 69,000 but will accept no less than 78,000. The way the estate agent worded this was "Now the property has no known issues he feels the property will sell for more"
    We were sold this property as a freehold property and we was not made aware of any problems in regards to the title defects etc.

    My question is, do we have a case here to make a complaint and try and get our fees back that we have paid out for our solicitor?
    Not to mention the amount of interest we have lost on that amount of money, but thats just life, I am not particularly bothered about that.

    So my question is does anyone have any advice or could anyone help me out?

    Thank you all in advance.
Page 1
    • davidmcn
    • By davidmcn 13th Mar 18, 9:50 AM
    • 7,633 Posts
    • 7,762 Thanks
    davidmcn
    • #2
    • 13th Mar 18, 9:50 AM
    • #2
    • 13th Mar 18, 9:50 AM
    During July 2017 we purchased a house via a local estate agents for 69,000. The house was sold to us as a FREEHOLD property, and it was also advertised as FREEHOLD. It was a property that was up for auction, however we purchased outside of the auction room but under auction terms and conditions.
    Originally posted by Clarko
    The rest of your post suggests that you didn't purchase the property, is that right? Even if you had exchanged contracts under auction terms and conditions then you wouldn't have had the right to pull out, so it sounds like you didn't even get that far, only as far as your solicitor carrying out pre-contract due diligence.

    Not sure you have any case as it sounds like they were/are selling the freehold interest, it just happens to be subject to a lease.
    Last edited by davidmcn; 13-03-2018 at 9:52 AM.
    • stator
    • By stator 13th Mar 18, 9:56 AM
    • 6,221 Posts
    • 4,107 Thanks
    stator
    • #3
    • 13th Mar 18, 9:56 AM
    • #3
    • 13th Mar 18, 9:56 AM
    No, you won't get solicitor's fees back.

    I assume you didn't pay any auction fees in the end?
    Changing the world, one sarcastic comment at a time.
    • Clarko
    • By Clarko 13th Mar 18, 9:58 AM
    • 14 Posts
    • 1 Thanks
    Clarko
    • #4
    • 13th Mar 18, 9:58 AM
    • #4
    • 13th Mar 18, 9:58 AM
    No, you won't get solicitor's fees back.

    I assume you didn't pay any auction fees in the end?
    Originally posted by stator
    Yes we did pay auctioneers fees of 750.00
    • Clarko
    • By Clarko 13th Mar 18, 10:00 AM
    • 14 Posts
    • 1 Thanks
    Clarko
    • #5
    • 13th Mar 18, 10:00 AM
    • #5
    • 13th Mar 18, 10:00 AM
    The rest of your post suggests that you didn't purchase the property, is that right? Even if you had exchanged contracts under auction terms and conditions then you wouldn't have had the right to pull out, so it sounds like you didn't even get that far, only as far as your solicitor carrying out pre-contract due diligence.

    Not sure you have any case as it sounds like they were/are selling the freehold interest, it just happens to be subject to a lease.
    Originally posted by davidmcn
    We never did pull out, they pulled out on us in December. We signed all paperwork with the solicitor and everything. All monies paid, solicitors fees, auctioneers fees etc.
    • eddddy
    • By eddddy 13th Mar 18, 10:15 AM
    • 6,303 Posts
    • 6,170 Thanks
    eddddy
    • #6
    • 13th Mar 18, 10:15 AM
    • #6
    • 13th Mar 18, 10:15 AM
    It was a property that was up for auction, however we purchased outside of the auction room but under auction terms and conditions.
    Originally posted by Clarko
    What type of auction?

    If it was a conventional auction, if you make a pre-auction offer you are usually required to exchange contracts immediately after your offer is accepted. So neither party has the option to back out.

    If it was the 'modern method of auction', If you make a pre-auction offer I guess you would be required to pay a 6k+ reservation fee and given 28 days to exchange contracts.

    So what were the terms of the auction and pre-auction offer that you made?
    • Clarko
    • By Clarko 13th Mar 18, 10:29 AM
    • 14 Posts
    • 1 Thanks
    Clarko
    • #7
    • 13th Mar 18, 10:29 AM
    • #7
    • 13th Mar 18, 10:29 AM
    What type of auction?

    If it was a conventional auction, if you make a pre-auction offer you are usually required to exchange contracts immediately after your offer is accepted. So neither party has the option to back out.

    If it was the 'modern method of auction', If you make a pre-auction offer I guess you would be required to pay a 6k+ reservation fee and given 28 days to exchange contracts.

    So what were the terms of the auction and pre-auction offer that you made?
    Originally posted by eddddy
    We were never given any terms and conditions, the paperwork in which they sent through simply states in the "conditions of sale box" Auction terms, cash purchase, buyers reg fee paid.
    • eddddy
    • By eddddy 13th Mar 18, 11:03 AM
    • 6,303 Posts
    • 6,170 Thanks
    eddddy
    • #8
    • 13th Mar 18, 11:03 AM
    • #8
    • 13th Mar 18, 11:03 AM
    We were never given any terms and conditions, the paperwork in which they sent through simply states in the "conditions of sale box" Auction terms, cash purchase, buyers reg fee paid.
    Originally posted by Clarko
    So you've entered into a contract which is in some way related to buying a property for 69,000 - but you don't actually know what it is you've agreed to?

    I would very strongly suggest that you should steer very clear of auctions in future. If you don't know what you're agreeing to, you could end up in a terrible mess.


    If you give the name of the auctioneer that you used, somebody here might be able to guess what you've agreed to.
    • G_M
    • By G_M 13th Mar 18, 11:41 AM
    • 44,049 Posts
    • 52,169 Thanks
    G_M
    • #9
    • 13th Mar 18, 11:41 AM
    • #9
    • 13th Mar 18, 11:41 AM
    I'm lost.

    Did you or did you not purchase this property?

    However it seems your solictor did their job, uncovered some issues and advised you. Whether this was before you 'bought' (offered? Exchanged? Completed?) or after is uncertain, but presumably depends when you instructd them.

    Doubt you have a case.

    If the issues uncovered, which were presumably the reason the property was sent to auction, have now been resolved, the property will now be worth more than before.
    Last edited by G_M; 13-03-2018 at 12:41 PM.
    • stator
    • By stator 13th Mar 18, 12:10 PM
    • 6,221 Posts
    • 4,107 Thanks
    stator
    You should demand the 'auction fee' back from the estate agents. But you won't get any solicitors fees back that you have paid your solicitor.
    If they refuse then make a formal complaint. IF they refuse that take them to ombudsmen.
    Changing the world, one sarcastic comment at a time.
    • armchaireconomist
    • By armchaireconomist 13th Mar 18, 12:38 PM
    • 219 Posts
    • 299 Thanks
    armchaireconomist
    Offer them the original 69,000 minus the costs you incurred as a result.


    Cheeky b******s
    • Clarko
    • By Clarko 14th Mar 18, 2:50 PM
    • 14 Posts
    • 1 Thanks
    Clarko
    Offer them the original 69,000 minus the costs you incurred as a result.


    Cheeky b******s
    Originally posted by armchaireconomist

    Tell me about it!!!!
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