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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Recently sold my house. Lease has less than 90 years. Buyers

Customer Question

Recently sold my house. Lease has less than 90 years. Buyers were cash buyers. Estate agent td buyer i would buy the freehold. I reduced my house by £18000. On conoletion and on receiving my bill from my solicitor it appears my solicitordid not phrchase the freehold on my behalf. Am confused as the buyers solicitor also failed to check this. As i no lobger own the property i feel i do not need to pay £4000 to the new owners to bumy the kease post completion. Also the new buyer put the property on the market on the day of completion for the original fill asking price. Its a bit long eibded but am cincerned regarding my position as i only realised the freehold had not bern purchased on receiving my total bill from my sicitor. I have not had any communication from either the buyers or my solicitor since completion. What do i do?. Obviously ascash buyers i didnt ferl the short lease was an isdue as they will just pay yearly rent and purchase their iwn freehold after a 2 year period. Pkease advise. Many thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
As nothing has been mentioned by your Solicitor, I am 99% sure you have nothing to worry about. If the Buyer had wanted you to buy the Freehold, he would have to had made this request via his Solicitor and in turn your Solicitor would have spoken to you to check you were happy to buy it.Likewise, the Contract would have mentioned that you were to buy the Freehold and your Solicitor would have been under a duty to complete the purchase of the Freehold on the same day you completed the Sale.
As none of this appears to have happended, and your Solicitor has not charged you for the Freehold costs, I believe that the Buyer never formally requested you to purchase the Freehold and if nothing was stipulated in the Contract, you are now not legally obliged to do anything further. The mere fact that the Agents may have told the Buyer that you would buy the Freehold is NOT legally binding on you.
You may want to speak to your SOlicitor if you want peace of mind, but otherwise you may prefer just to do nothing.
I hope this assists and sets out the legal position.
Kind Regards
Al
Customer: replied 2 years ago.
Hi . It was mentioned in the offer acceptance letter and my solicitor emailed me once mrntioning that the purchase could be done on rhe day of completion , but otherwise norhing else was forthcoming rwgarding documentation and paperwork. I nwver intentionally avoided anything to do with the freehold. I was not happy with rhe estate agent informing possible buyers and asked her to stop using it as a selling point. Thank you for your reply. I didn't want any letters arriving and legal issues if they followed it up post completion.
Regards ***** *****
Expert:  Aston Lawyer replied 2 years ago.
Hi Anne,
Well, if nothing else was mentioned to you, it can't have been agreed in the Contract that you would buy the Freehold, so I wouldn't at all!
If I have assisted, I would be grateful if you could rate my answer, so I may get credited for my time.
Kind Regards
Al
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Many thanks
Expert:  Aston Lawyer replied 2 years ago.

You're welcome, Anne.

Best Wishes
Al