Selling leases without declaring disrepair - The bona fide purchaser

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Not sure why your surveyor did not pick this up, assuming you got a full structural survey when you bought property, a surveyor is meant to do a detailed physical survey if instructed.

    Comment


      #17
      Two related threads have been merged.

      Jackrussell / Paulstephens / Mrseek,

      Creating multiple aliases in the way you have, to comment on your own posts as if a completely different person (Posts #10/12/14) is deceptive and not acceptable. Both Jackrussell and Paulstephens have been banned, and if I see any new aliases from you then all accounts will be banned.
      I also post as Mars_Mug when not moderating

      Comment


        #18
        Dear moderator,

        I was not able to retrieve data to log in with a old profile and hence I had to create a new profile (Mrseek) in order to post the new question and get some opinions or advices. Although the last post is concerning similar a matter it does not ask the same question as the old post and we are looking for genuine advice for a very difficult situation. I ignore the reason why the post published yesterday has been linked to the old post of (Jackrussel and Paulstephens) because is asking a rather different question (not the freeholder acting as conveyance solicitor) but rather what a freeholder should or should declare at the time of selling a lease. If you feel that this is not acceptable I am really sorry and we apologise. We do really need some good advices and the last post is completely genuine and I hope that it can generate some opinions or advises.
        Thanks a lot.
        Mrseek

        Originally posted by Moderator2 View Post
        Two related threads have been merged.

        Jackrussell / Paulstephens / Mrseek,

        Creating multiple aliases in the way you have, to comment on your own posts as if a completely different person (Posts #10/12/14) is deceptive and not acceptable. Both Jackrussell and Paulstephens have been banned, and if I see any new aliases from you then all accounts will be banned.

        Comment


          #19
          I believe that both threads are about the same property, unless you have been incredibly unlucky and bought two flats both with long term defective roofs. The threads were merged because information from the first thread is most likely to be relevant to the second even though the questions may be slightly different, this information may be helpful to people trying to help you.
          I also post as Mars_Mug when not moderating

          Comment


            #20
            Thank you for your understanding and for your help. I assure you that the last thread is the result of an urgent need to find some opinions and help as we have been threatened with debt collection agency and court injunction as some legal avises are desperately needed it.

            We cannot understand whose responsibility was for the omission of the major repairs before we bought the lease. The conveyance surveyor and solicitor were not provided with the information by the party selling the lease and the property was converted in such a way that there is no access to the roof. hence, I suppose that it was a freeholder duty to inform us that the property was in disrepair?

            Comment


              #21
              Its as he earlier advice says its a mix of what was asked and what was declared and caveat emptor. The freeholder is under no obligation to volunteer that information or knowledge unless asked.

              It is yours to ask and satisfy yourself by way of advice inspection and enquiry.
              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

              Comment


                #22
                Thank you for your reply.
                There is an essential detail mentioned above.
                The nature of the defect could be assessed (by admission of all the 5 surveyors involved in this case) only by stripping the roof due to the way the building was converted which offer no access to the internal areas of the roof.

                No surveyor on earth could find out the defect unless he was specifically told to investigate the defective roof.

                The freeholder was well aware of the disrepair but he failed to mention the defect and the fact that a large sum of money was necessary to repair the building. He was approached during our conveyance survey but did not reveal anything at all.

                My question here is:
                If a large sum of money was necessary to repair the building before I purchased the lease shouldn't the freeholder (or his managing agents) report to my conveyance solicitor that this was the case before I purchased the lease?

                Comment


                  #23
                  As explained, only if asked.
                  Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                  Comment


                    #24
                    Thank you for your reply.

                    from your reply it appears that if a sum of money was demanded to the leaseholders in order to pay for major works before the purchase then this is an information that should be provided by the managing agents (or the freeholder) to the conveyance solicitor (assuming he asked) who then should report this to the potential buyers.

                    We seem to understand that such clarification can only be provided by the conveyance solicitor then as this is not a matter for the structural surveyor.

                    If that was the case and money was demanded to the other leaseholders to arrange major repairs (before we purchased the flat) then this is an information that should be provided by the managing agents (or the freeholder) to the conveyance solicitor (assuming he had asked for this) who then should report this to the potential buyers.

                    Hence, it is the conveyance solicitor who should provide confirmation that he had asked for such information on behalf of his clients. Had he failed to ask for this in his survey he may have some responsibility (time permitting) for the damages.

                    is our interpretation correct?

                    Comment


                      #25
                      Conveyancers don't do surveys...

                      If you are trying to ask if MA's or for that matter Vendors should declare any information on major works, if asked, then yes.

                      The Solicitor should report such matters to the their client,however it as said depends on what was asked and what was said. That there are proposed major works does not mean that the issue you have would have been clear at the time- you say it was only clear on removal of the roof covering and decking.

                      Don't fall into the trap of assessing the facts to suit your argument.
                      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                      Comment

                      Latest Activity

                      Collapse

                      Working...
                      X