Any property lawyers out there. I need advice.

[lyrabelacqua]

We sold a warehouse conversion flat last year. It came with a parking space which is difficult to get a car into but the area in front of the space has always been used unofficially as part of the parking space.
Our buyers didn't look at the parking space before they bought and after completion they started complaining to the seling agents about not being able to get a car into it.
They're now claiming misrepresentation (that we sold the flat with a space but they say it's not a space) and asking us to pay £15,000 for them to buy a new space.
The flat was sold to us with that space and there has never been an issue with it before. The warehouse was converted in the 80s and that space has always been attached to the flat. Several people hve owned it without problems.
Do you think they have a valid claim or are they just trying it on? they're threatening legal proceedings against us if we don't pay up.
Any advice would be very gratefully received.

Not sure but I would not think that they have got a claim. Our house has a "garage" but you could only get a mini or g-whizz in it.

Your deeds would tell them what they were buying and how big the space was. If had always been used as a parking space with regular parking of a car in the space then I think you would be OK.

But I am no legal eagle - can you give your solicitor a call?

Thanks Noodle.
There must be some lawyers out there. Anyone?

trying it on imo.but then i'm not a leagl bod.

I'm not a property specialist, but for what it's worth and ime, they don't have a case. Their solicitor is obliged to check the title inc. the plan and send copies to the purchasers, after that the purchasers should have inspected the garage.

The only way they'd have a claim is if the sales brochure contained incorrect measurements for the garage. other than that, it's hard cheese on them.

Are you a lawyer mumblechum?
The problem with the space is it's in a corner and there's a pillar which stops you getting a whole car in it. You can get the front it. But the area in front of the space has always been used to park in and it's not a problem with the management company.
My feeling is they are trying it on.

Yes, I'm a lawyer but haven't done conveyancing for many moons.

TBH, anyone stupid enough to buy a house without checking the whole property inc. garage is asking for trouble.

Stick to your guns would be my advice.

Thanks. They didn't view the parking space so it's their own fault imo.

Caveat Emptor isn't it ?? Buyer beware etc ??? That's why you employ a solicitor and a surveyor - to make sure everything is OK BEFORE you buy !!

No - they are legless !

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Did you not beleive me ?

What were the EXACT words used to advertise the space?

If it just said "parking space" with no qualifying words like "small", or "for a small car", then it is questionable. For example, we had a box room with barely space for a single bed and our estate agents insisted that we had to call it a nursery/study, rather than a bedroom.

Even if there were no qualifying words like "small", you can argue that you gave the buyers ample opportunity to view the space. And if it is obvious on a viewing (without actually trying to get a car in) that the space can only fit a small car, then you can argue to the buyers "well, tough - you had a chance to see it but did not".

If, however, the description just said "space" without reference to parking or car, then you are home free. There is no misrep provided nothing else was represented to them by you or the agent during the viewing about using that space for parking a car.

Of course, Scatterbrain, just looking for as many opinions as possible. Are you a lawyer?
blueshoes, it is big enough to get a full size car in, but accessing it is tricky because it's in the corner and there are two pillars, which are clearly marked on the car park plan which their solicitor saw. The agent had the car park key but for some reason they didn't bother to look at it.

not a lawyer but I think they are trying it on

if you want legal advice you should speak to the solicitor would advised you on the sale

Yes quite - if you want a legal opinion ask a lawyer ! if you want other mum's opinions ask on MN !

Go over there, park a car in the space, take a photo and forward to their lawyer, with a note saying "What's the problem??".

Scatterbrain, i think you've misunderstood me. That was a genuine question. There are some lawyers on Mn but i don't know who they are. [confused emoticon]

to be honest i would think they are trying it on. I mean ffs surely they should have checked the space out before buying.

When my husband and i sold our flat our buyers tried to claim £500 maintenance charge for redecorating that took place after we left ffs. i wrote to my solicitor saying i felt this was out of order as we told them the work was due, and it took place 2 months after we moved out. That was in november and we havnt heard anything since so i would say speak to the solicitor who dealt with the sale and see what they have to say, but personally i wouldnt worry too much.

update: have consulted solicitor who says they don't have a case and he's writing to them to say as much. But if they decide to be arsey about it, they could still take it to court and we'd still have to stump up legal costs, whether we won or lost.

did you say suv parking, car parking, motor bike parking or just parking. If you said just parking then imho it is up to the buyers to check that your description 'parking' meets with their understanding of what 'parking ' is to them.