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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11545
Experience:  30 years experience in property law.
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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: 1 year ago.
Category: Property Law
Expert:  JGM replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
Ok thanks for the advice.
Expert:  JGM replied 1 year ago.

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

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