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Exchange issues

4 replies

amatsip · 05/09/2021 12:08

I need some reassurance I’m not sleeping with worry, so much on the line.

New build signed off on 13/09, completion date 24/09.

Our solicitor has stated the development solicitor is being arrogant about amending title deeds to show we have access through phase 1 to our property in phase 2.

3 other minor enquiries outstanding but those are able to be overcome.

How on earth do we get to exchange?

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maofteens · 05/09/2021 12:47

WHat does he mean? It seems simple to add a line saying you have access from the public highway to your home and what that access is. If you are phase 2 then presumably phase 1 is complete? What is the developer's issue?

amatsip · 05/09/2021 12:57

The developers solicitor seems to keep ignoring that issue.

The other issue was the indemnity on whole estate, they need to top it up. We have said we will take out an indemnity if it sorts that issue out.
Attached are remaining issues, our solicitor after a chat Friday morning said she would speak to the developers solicitor and call me Friday afternoon but hasn’t so I presume we will hear from her this week.

Exchange issues
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maofteens · 05/09/2021 13:13

I see. I recently sold a flat that had communal gardens and parking. It was I a large listed block that had been converted to flats in the 70s, very well managed, and many flats had sold throughout the years. My buyers solicitor said there was nothing giving explicit right for tenants to use the communal areas, only implied permission. I did feel that as there had never been an issue for 50 years and all enjoyed the communal areas (otherwise one could not access the flat), this was extreme, but my solicitor consulted her boss and we had to do a indemnity costing about £250 in order to satisfy them.
Keep pushing - the developer will want the sale and it's good your lawyers have been sharp to see the potential issue.

amatsip · 05/09/2021 13:27

Thank you for your response it gives me some hope.

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