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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10232
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am down sizing my house to pay off mortgage. I am purchasing

Resolved Question:

I am down sizing my house to pay off mortgage. I am purchasing an apartment and 125 year lease. The lease documents (42 pages) arrived with 25 errors. Some spelling mistakes, other more serious like the wrong apartment circled on the plan and the clause stating that I would be paying maintenance for the lift. There is NO LIFT.
The developers solicitors say they will not change the lease because the other 23 tenants have already signed the documents. Apparently the 23 tenants and 24 solicitors never picked up these errors. My solicitor is now telling me to sign if I really want the apartment.
I am saying that this is a legal document and therefore needs to be accurate and may cause my children problems when I die. I do not feel that my solicitor is acting in my best interests. Please advise me. Regards ***** ***** 07960 238182***@******.***
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you please confirm that you will be the first Tenant in the Flat and hence the Lease is yet to be registered at the Land Registry, and it is currently just in draft format?
I look forward to hearing from you.
Kind Regards
Al
Customer: replied 1 year ago.
Yes I am the first tenant. They were offices and have been converted to luxury apartments.
The lease does not say that it is draft format. Surely if I sign it even in draft format then Ive signed it.
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks for your reply.
(I was just trying to establish that the Lease has not already been registered at the Land Registry, which it won't have been).
The legal position is that it is up to the parties to agree the format of the Lease and once both parties are happy, it can then be signed.
Developers always prepare a standard Lease which is uniform across the Development and won't therefore agree any material changes to the Lease they have prepared (if different Tenant's had different terms in each of their Leases, it would cause a major problem for the Freeholder and all Mortgage Lenders require confirmation that each Tenant's Lease is in the same format as the others). However, spelling errors should of course be changed and there is no reason why the Developer can not agree to such amendments.
As regards ***** ***** changes- ie the clause concerning the lift, the Developer is unlikely to agree to delete this (they will argue that all Leases are in the same format), but really they should if there is no lift and there is no possibility of a lift being installed in the block at a later date.
At the end of the day, it is up to the bargaining powers of the parties as to whether this clause is changed. I would be astounded if they did not agree to amend the spelling mistakes.
If they do not amend the lift clause, for your peace of mind, the Freeholder/Management Company can only charge you service charge for any works carried out, so if no work is carried out on a non existent lift, no charge can be made. I know it's not ideal, but as the other Leases have been completed, I don't think the Develop is likely to budge.
Of course, if you turn round and say that you will put out of the transaction if the necessary amendments are not made, they made agree, but the decision will be theirs.
Sorry I can't give any more positive information!
I hope this helps but please let me know if I can clarify anything further for you.
Kind Regards
Al
Customer: replied 1 year ago.
Thank you Al
It is my confidence in both the lawyers that clearly have never read the document nor the tenants that has been shattered. When you say the aprties to agree the format of the lease. Do you mean the developer and his solicitor or who ??Regards Gail
Expert:  Aston Lawyer replied 1 year ago.
Hi Gail,
Sorry for the delay.
I mean it is up to the professionals- ie both sets of Solicitors to agree the final format to the Lease. Sadly, as has always been the case, a Developer always has the upper hand in negotiations and if you act for a Buyer, you normally get met with a "take it or leave it" response from the Developers Solicitor, to any major wording changes you request.
Good luck!
Kind Regards
Al
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10232
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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