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Buyers upset over codicil in the deeds: tell me positive stories pls!

4 replies

AhsokaTano · 01/10/2011 10:04

Our house went under offer at the end of Aug, buyers haven't instructed any searches as they wanted our answers to queries first. I have sent off planning permissions, cavity wall insulation certificates etc then they asked about whether I knew of a deed of variation allowing a right of way.

I answered that I wasn't aware of one as our house abuts a wall and our neighbours fence and there is no need for there to be a right of way, soooooo, buyers solicitor claims I was fibbing and that they are now concerned about my integrity.

What annoys me is a) why ask a question to which you know the answer? If its on the deeds you can clearly see it.b) if you ask if I am aware of the deed of variation and I answer that I am not aware then that is a truthful answer.

I'm happy to be put right about the deed and now I know I can give that information in the future but it all just smacks of prevarication and them having 2nd thoughs about the purchase.

Given that I'm not overly fussed about the move and having miscarried the baby that we needed the extra space for would I be reasonable or a flouncy stroppy cow to say to my solicitor to give some sort of time limit to go ahead with the searches and prove they are serious or we would pull out?

DH is away and I have no perspective about this at all!

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YougreatPamplemousse · 01/10/2011 10:09

I have to say I would instruct your solicitors to give them a date. They have had a month and are pissing you about. Searches in our area are currently taking 6-8 weeks so you are looking at all their fussing plus possibly another 8 weeks depending on your area before they are ready to exchange and in that time they can stuff you about as much as they like. DO you have an offer in on another property?

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ceebie · 01/10/2011 10:16

Try not to get too upset or indeed too involved. Try to communicate through your solicitor as much as possible and take their advice too. Send a simple message back to the effect that you are not intimitely familiar with the legal small print which has had no bearing on your living in your property - that is the role of their solicitor - and that you answered to the best of your knowledge. (Surely your role is to give information about the neighbours, the fixtures and fittings etc and things that you reasonably WOULD be expected to know about?!) I would not give them a deadline but I would ask them for definite timescales for moving forward - I think that would be more reasonable. Then FORGET about them - they are just strangers you will never be friends with - and get on with your own life!!!

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Gonzo33 · 01/10/2011 11:46

I agree with the above.

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AhsokaTano · 01/10/2011 12:39

Thanks for your replies, I do lack a cool head at the best of times and DH is away so not able to perform the 'calm down Dear' dance.

You are entirely right, I've emailed the solicitor outlining that no one has ever knocked on my door expecting to be able to walk through the garden and that I am willing to consider and indemnity policy.

I will give myself a week to breathe before I start talking dates

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