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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2447
Experience:  Over 5 years in practice.
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Just over a year ago I completed a basement apartment sale

Customer Question

Just over a year ago I completed a basement apartment sale on behalf of my mother as Power of Attorney. Recently I have been contacted by the buyers solicitor who is claiming misrepresentation of information. 10 - 15 years ago my mother had a kitchen/bathroom and cladding works done to an empty basement which was previously used as a doctor's surgery. I was not involved with any of these refitting works and assumed that there had been no actual building work carried out on the premises since this was just a refit. It may be that permission 'was' needed due to change of use. No structural works were carried out. I have contacted the relevant planning dept who are looking into this.
The buyer has been told by planning control that various works need to be carried out in terms of fire regulations to bring the apartment into line. I ticked 'no' on the Property Information Form when asked whether any building work had been carried out since I didn't think the work actually constituted such. The buyer is asking for £3000 + VAT to cover the necessary work. Do I have any leeway due to my limited knowledge since I was acting as POA and signed the Property Information Form in good faith ? It may be that the buyer did not carry out a survey. Having advanced dementia my mother has no knowledge now of this and there seems to be no paperwork from that time.
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hi, thanks for your enquiry. Just so I am 100% clear, cold you please confirm that the room where the "refit" took place had always been in your Mother's possession and formed part of her apartment when she purchased? Kind Regards Al
Customer: replied 1 year ago.
Hi, yes the room where the refit took place was already in my Mother's possession, albeit an empty space, only being used as a store. Back in the 1970's it's previous use had been as a doctor's surgery. This basement did not form part of any apartment but the refit enabled it to be used as such. It was part of a much larger house consisting of several apartments. My mother owned the freehold of the building and one other apartment elsewhere in the building. The basement, after the refit, was registered legally as a separate entity and council tax was being paid on it. Best wishes, Chris
Expert:  Nicola-mod replied 1 year ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new 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!
Customer: replied 1 year ago.
Hi Nicola. Yes that's fine. I'll continue waiting for an answer. Thanks. Chris.
Expert:  Nicola-mod replied 1 year ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Nicola-mod replied 1 year ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Customer: replied 1 year ago.
Hi Nicola. I think it would be easier for me to see a High Street Solicitor now since I feel you're struggling to find anyone to give me my answer. I assume I get a refund for my £32 ? Best wishes, Chris