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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 4
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi I wonder if you can help. I purchased a flat 2 years ago

Customer Question

Hi I wonder if you can help. I purchased a flat 2 years ago in Edinburgh, at which time the previous owner had received notice of compulsory roofing works from the council. As such 7k was kept back from the sale of the flat to pay for these works. 2 years in and no work has been carried out, as the council no longer assume this responsibility it is up to the common stair to organise the works. I am looking at sell the flat but my current solicitor has advised that if I do 7k will be returned to the previous owner, and money will be held back from my sale as I assume responsibility when I sell! Surely this cant be right. During the 2 years I have received no compulsory notices of works and that original money was to pay for the works due to it effectively being the previous owners bill, that I now have to foot even though its not my fault the works haven't happened?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Can you tell me precisely what the clause in the missives between you and the person that sold to you says about the retention monies?
Customer: replied 4 years ago.


According to the missives, it says I am responsible for any works that are to be carried out from the date of entry, but there is nothing I can find in the paper work I have regarding the retention of monies other than stating that monies from the previous sale that have been retained are for the purposes of carrying out the compulsory works already notified

Expert:  JGM replied 4 years ago.
That is the clause I need to see. Please scan and email to [email protected] and ask that they send the file attachment to JGM. Thank you.