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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am a Freeholder and the tenant is selling the flat. the

Resolved Question:

I am a Freeholder and the tenant is selling the flat.
the prospective buyer's solicitor is asking


Has any work been carried out to the property for which a warranty or guarantee has been issued? If so please provide copies.

work has been carried out but the warranty has expired or other work there was no guarantee.

Does that put me in a compromising position. Are there specific works that should have been guaranteed or under warranty?

Why is the solicitor asking this question?
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you are concerned that you may not have carried out works that are reasonably required to the property or that any works may not have been carried out in a workmanlike manner or is this not the case please?

Customer:

I do not understand the question of the solicitor. All the work has been reasonably carried out. I left nothing outstanding.

Joshua :

Thanks. As a freeholder your duties towards the freehold property do not extend beyond the obligations placed on you in the lease. Normally these would be to maintain the structure of the property and to carry out certain redecoration works but leases can vary in this respect.

Customer:

and all the work has been carried out in a workman manner.

Joshua :

Where you do carry out work you have a duty to procure that such work is carried out in a workmanlike manner and to a reasonable standard. There is no duty to ensure that a guarantee is obtained

Joshua :

The question that has been asked is one of a number of standard questions asked of freeholders when a solicitor makes enquiries.

Customer:

the issue is that I have no warranties

Joshua :

I do not consider that the question is unusual or merits concern on your part in itself.

Customer:

O do not have giarantees.

Customer:

so I ask the question again, do I have an compromises that I do not have such guarantess or warranties

Joshua :

You are not required to obtain warranties for work carried out to the building though of course you may decide to do so if you wish. Providing you procure that any works you do contract are carried out to a workmanlike standard this satisfies your maintenance obligation and I do not consider that your response will compromise you in and of itself

Joshua :

Are you happy with the information I have provided to you above or is there anything above I can clarify for you any further?

Customer:

nope thanks

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