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    • troubleinparadise
    • By troubleinparadise 11th Apr 18, 10:12 PM
    • 1,061Posts
    • 1,806Thanks
    Problems with the Freeholder’s Solicitor...
    • #1
    • 11th Apr 18, 10:12 PM
    Problems with the Freeholder’s Solicitor... 11th Apr 18 at 10:12 PM
    I’m posting this on behalf of my daughter who doesn’t have an MSE account.

    “I’d appreciate some thoughts on how I can move on a stalled situation my flat sale seems to have run into.

    I am selling my leasehold flat in a converted house, the other two flats being owned and let by the freeholder. My lease has a clause forbidding letting; my purchaser would like the option to let the flat, and the freeholder has agreed to a deed of variation to the lease subject to me paying his solicitors’ fees to alter the lease.

    I paid the fees via my solicitor last July - but this week have found out that my solicitor still hasn’t received the amended lease paperwork. The buyer is keen to complete, and the EA is pushing me for a date, but obviously I can’t commit given the missing paperwork.

    I’ve asked my frustratingly elusive solicitor via message to pursue that; I’ve left a message with the freeholder’s solicitor (his secretary says as I am not his client he can’t speak to me although I have paid for the work) and contacted the freeholder who says he doesn’t know why it hasn’t been done but has copied me into his emailed instruction to his solicitor to action it.

    I’m very concerned that I might lose my sale, but feel powerless to make anything further happen myself, and seem to be unable to speak to anyone who can tell me what is going on.

    Can anybody give me any advice as to how to proceed, or do I just have to sit tight and wait in hope? Many thanks for reading this!”
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    • G_M
    • By G_M 11th Apr 18, 10:55 PM
    • 47,007 Posts
    • 57,159 Thanks
    • #2
    • 11th Apr 18, 10:55 PM
    • #2
    • 11th Apr 18, 10:55 PM
    As a leaseholder you have agreed a Deed with your freeholder. You've paid for it. He has failed to deliver it.

    You pursue this in the same way that you pursue anyone who fails tto deliver something you've agreed and paid for.

    Start with friendly requests; reminders, then increasingly forceful reminders, and ultimately legal action.

    But in this case it sounds like te freeholder is on your side and simly needs to put pressure on his own solicitor. I'd work on that basis and keep pressing the freeholder, politely, to press his solicitor.
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