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Declaring dispute when selling?

29 replies

Goostacean · 06/03/2021 11:50

We’re considering taking our freeholder to tribunal as he is attempting to bill us for works to his own (leasehold) part of he property (ie it’s two flats, he has leasehold of one and total freehold, we have leasehold of the other). However, we’re a few months away from selling our own flat and moving.

Would we need to declare the dispute during the sale process? Any links to official info welcome, have struggled to find guidance. Thanks

OP posts:
Goostacean · 07/03/2021 20:00

Oh sure, no worries! Smile Just wanted to be clear that I’m not trying to illegally hide something, just work out possible consequences of our actions when confronting the CFer...

OP posts:
AndAPartridgeInABearTree · 07/03/2021 22:42

The previous owner of my flat was issued a bill and didn't pay it. My solicitor was shit and didn't pick it up. I moved in and the bill was redirected to me. I would have still bought the flat but got it included in the contract that bills/invoices issued before a certain date would be payable or disputed by the previous owner with no liability for me.

You will want to talk to your solicitor but that would reassure me as a buyer even if you had declared a dispute. I wouldn't feel liable for the fall out.

CavernousScream · 08/03/2021 13:43

I’d balance the cost of paying for the works with not only having to declare the dispute but the risk that the freeholder could disrupt the sale in other ways. They will need to be involved in the transfer of the leasehold and they could easily disrupt the process by just not responding.

Goostacean · 08/03/2021 14:41

True! A good consideration.

Well, I will not say more on here at this time in case the freeholder is here(!) but we have made a decision and will see how it plays out...

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