How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 10293
Experience:  30 years experience in property law.
31090051
Type Your Property Law Question Here...
JGM is online now

I agreed to buy a flat in Glasgow. It is in a block of 6.

Resolved Question:

Hello. I agreed to buy a flat in Glasgow. It is in a block of 6. The management company charges for maintenance of the building and any works carried out in the communal areas and the exterior. There is a fee per month for the service and also if any repairs are needed this fee is paid equally between all the owners.
I have had a home report which is a survey of the property. No issues were highlighted regarding the roof structure and the timbers etc. My solicitors informed me that there is water ingress due to roof tiles being broken. This water damage is evident from the exterior of the building and has damaged the timbers as well as the exterior wall. Now I've been advised the sellers solicitor and the surveyor didn't relay the appropriate information. I've paid the deposit and the solicitors fees already and they have had this for three weeks. This is the second time I had a move in date and also the second time I've cancelled the removals firms. I have 3 weeks left on my rental flat and have given notice already. I have taken time off work and will be further out of pocket with fees. This is the second time with my solicitors I have been buying a property and have had to pull out. One solicitors are blaming the others but no one wants to accept responsibility. Meanwhile I'm in the middle of these disputes out of pocket and inconvenienced. Please can you advise my course of action for recompense
Submitted: 4 months ago.
Category: Property Law
Expert:  JGM replied 4 months ago.

How did your own solicitors know about this? Did the factors letter mention it? If so, in terms of the standard missives the seller should be reposition for he cost of these works and typically a retention would be made form the price to cover the cost. Please explain the situation a little more, particularly why the transaction has stalled because of this. I am a solicitor in Glasgow and can hopefully help you to find a solution.

Customer: replied 4 months ago.
Apparently solicitors didn't know about this and also the missives were completed by the sellers solicitors. The factors had not even mentioned this either
I only found out at the 11th hour on all these points. My solicitors say they hadn't been getting information and the surveyor also is unfortunately uncooperative too.
Expert:  JGM replied 4 months ago.

if the surveyor didn't know, the solicitor didn't know and the factor didn't know, how did you find out?

Customer: replied 4 months ago.
Well the buyers solicitors released the information at last minute. How they knew unclear. The surveyor I believe doesn't want to take ownership as he's failed to put in the home reports. The factors I suspect knew this problem and probably failed to tell anyone until my solicitors started digging for information. To sum it up I'm in the dark as I can only assume what's been told to me, which is the buyers solicitors had the information and didn't tell us till last minute. In any case even if the vendors agree and it has to be all the occupants in the block, this will drag on and on. Also I don't have time to waste on it. I think I will pull out but want compensation for my losses. No one seems to be accountable or will at least admit it
Expert:  JGM replied 4 months ago.

The vendor isn't responsible as caveat emptor applies and unless there is any material non disclosure by them which is covered in the missives (which must be concluded) then you have no recourse against them. You would have a claim against the surveyor if you can establish that no surveyor of ordinary competence would have failed to notice the defect. You would also have to be clear that the Home Report doesn't contain any disclaimer for this type of defect.

Customer: replied 4 months ago.
Ok thanks for the advice.
Expert:  JGM replied 4 months ago.

You're welcome. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Property Law
Satisfied Customers: 10293
Experience: 30 years experience in property law.
JGM and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.