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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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i sold a flat in a converted house and the buyer wants to convert

Resolved Question:

i sold a flat in a converted house and the buyer wants to convert the loft. the buyer has come back to me and said that although they have sole access to the loft from their upstairs flat they dont own that space and that its owned by the two flats as part of the oveall building. that they need to agree a price to use that with the other freeholder. They say there were given the worng info by the estage agents and that i and the estate agents are responsible. ive checked the marketing details and it says access and potential for development fr the loft. the estate agents did send an email saying the lift wa part of the flat, whcih was wrong. am i liable for missinfomation given by the estate agents; bearing in mind that the marketing info that i singed off was correct?.
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

It is the responsibility of the Buyer and specifically their solicitor to ensure that the property actually conveyed to them following completion of the contract accords with their understanding of what they shall received. The solicitor would have checked the legal title (or new lease) that the buyer was to be transferred and reported to them on the extent of their ownership and any associated rights (eg. right of access to the loft).
The lease they have purchased would explain in detail what they would actually own once it had been transferred to them. If this does not include the loft then this would have been reported to them and it would be there duty to re-negotiate based on this.
“Access and potential for development” is not in my view a misrepresentation in any event, the loft does have potential for development if agreement of all the freeholders is obtained. The Estate agents may have been wrong in suggesting that the lift was part of the flat, but in any event it was the buyer and their solicitor’s responsibility to check that this was actually the case according to the lease that they have purchased.
I suspect they are simply trying it on.
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Kind regards,


Tom
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