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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I have a shared ownership property which I want to sell

Resolved Question:

Hi
I have a shared ownership property which I want to sell on the open market.
The housing association have informed me I can't do this as I'm required to go through them first.
Firstly my neighbours sold there property on the open market without going through the housing association, as they were advised by a solicitor they could not be told who to sell there percentage too.
Secondly the valuation of the property, by an independent valuer, provided by the HA, is considerably lower than the value on the open market.
The HA informed me I can do instant stair casing and sent me the forms. On the form it asks if I am going to do simultaneous buy and sell. When I questioned this they said they had sent the incorrect forms.
My question is, can I sell on the open market if the buyer agrees, through a solicitor, to buy my percentage and pay for the other percentage through instant stair casing. I then sign the house over to them? Simultaneous buy and sell.
I have a copy of the original lease, but not being a legal person it is difficult to comprehend some of the text. Are there solicitors specialising in this and do you know of one?
Thank you for your help in this matter
L.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have you checked the small print to see if it was a term of the agreement that you sell To them first please?
Customer:

Hi Alex

Customer:

Sorry I'm rushing. I have a copy of the lease, however this is difficult to understand. I have been told that this is the contract. I can't see anywhere in this that it states that you have to give them first refusal, nor in any of the literature I received from them at the time of the purchase in 1997. However they now state on their literature you must give them first refusal? My neighbors a few years ago sold there house on the open market and did not give them first refusal at the time. I tried to attach a copy of the lease but it doesn't seem to work.

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