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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10409
Experience:  Barrister 17 years experience
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HiI brought a share ownership property aboutsix months

Customer Question

Hi I brought a share ownership property about six months ago. But I have some concern which I am trying to rectify but nog getting any respond. The flat I saw on the plan and size is not what I agree to. Firstly the flag is small than what I expected plus I was told it comes with a terrace Balcony but the flag only has a small balcony I am also trying to get the balcony forged out As the metal is rusty and water stain on the Wall. Please can you let me know if I could take this further as I feel cheated plus the deposit I pay is a large sum . Thank you Nickey XXXXXXX

Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
I feel I been deceive and given the wrong information
When I brought the flat. I would like to know if
I can persue with this matter as I am not happy.
The organisation have told me there is nothing
They or I can do about it.
Thanks
Nickey
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 1 year ago.
1. Dear *****ey, you can seek to rescind the agreement to buy this shared property on the basis that it does not accord with the description and details you were given when you put down your deposit. Essentially, there has been a fundamental breach of the terms and conditions upon which you bought this property. This gives you the right to rescind the property and seek the return of your monies paid as well as damages. So I would advise you to speak to a solicitor about suing for the return of your deposit and any other monies you are out. Essentially, the law does not force you into an agreement where what is provided is substantially not what you bargained for. This flat is not up to scratch so you should sue to set aside the agreement of purchase.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10409
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.

I understand your answer but not quite sure you
said that I can rescind the agreement but I have
already moved into the flat about six months ago.

If this is the that I could proceed with this matter
please can you recommend a solicitor or phone
number.

Thank you

Nickey

Expert:  Buachaill replied 1 year ago.
2. Dear *****ey, you do not lose your right to rescind the Agreement merely because you have moved into the flat six months ago. If the flat is fundamentally different to the one you contracted to buy, then you can rescind the Agreement. Be aware that the developer who sold you the flat might offer you some money in lieu of rescinding the agreement. However, you should certainly sue to rescind the Agreement and seek damages. As regards ***** ***** I would recommend you seek out a solicitor who is based near where you live. The best way to get a good solicitor in the area is to see what firm acted in a similar case in your local paper. In that way you get an experienced solicitor who is based in your locality.

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