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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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When I sold my shared owned property the Housing Association

Resolved Question:

Hello, when I sold my shared owned property the Housing Association charged me a resale fee of 1.5% over the whole price of the property, instead of over my share (25%). Is this something worth pursuing legally as it is obviously unfair, they only sold my share of the property, the remaining 75% is still property of the Housing Association. Thanks
Submitted: 12 months ago.
Category: Law
Expert:  JGM replied 12 months ago.

Do you have the contract that governs the sale of the property? It is likely to have been in an agreement that you entered into with the Housing Association when you bought your share of the property. Invariably the agreement states what is to happen in the event of a sale and the fees payable and the basis of calculation of those fees. Please look at the prior paperwork and I am sure that you will find the answer. Happy to discuss further. Please leave a positive rating so that I am credited for my time.

Customer: replied 12 months ago.
Thanks, ***** ***** have is a Memorandum of Sale (attached) but is this a legally binding document?
Expert:  JGM replied 12 months ago.

This is stated as being "subject to contract" so wouldn't be legally binding unless there is a subsequent contract. You shouod query it with the housing association.

Customer: replied 12 months ago.
Well I imagine the subsequent contract would be the actual sale? The HA won't answer my queries as they understand our relationship is over since I sold the property. I guess what I am trying to find out is whether the fact that they warned me of this charge by sending me the Memorandum of Sale with the fee clearly stated is enough for me to have to accept it or is it worth looking into as it is clearly unfair. Thanks
Expert:  JGM replied 12 months ago.

If you agreed to the sale having seen the memorandum beforehand, then I think you are too late to do anything about this. It should have been queried at the time. However, they still have to respond to your queries as a social housing organisation. If you aren't getting a response then you should be following their published complaints procedure.

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Customer: replied 12 months ago.
Well it's a chicken and egg situation isn't it, they make the sale process incredibly slow and painful so by the time things start moving you are so exhausted you just accept anything for fear of the whole thing going wrong. I guess that's the UK housing market but worse because the HA has the power. I don't know anything about law, what I am trying to find out is if there is any special body like the Ombudsman that regulate things like these that in my opinion is clearly abusive.
Customer: replied 12 months ago.
Even if I don't get any money back, just so they stop ripping other people off.
Expert:  JGM replied 12 months ago.

Yes there is a housing ombudsman that you see details of online. The Ombudsman will consider complaints about the actions or omissions of a member, which is a Local Housing Authority, in connection with its housing activities so far as they relate to the provision or management of housing and of other members in respect of all their housing activities. The person complaining or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for or occupation of property. You have to have exhausted all other complaints procedures before going to the ombudsman.