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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I sold a leasehold property last year and an apportionment

Customer Question

I sold a leasehold property last year and an apportionment of the estimated service charges was made at completion. Now that the actual service charges are known, and show a surplus, I want to ask for my share of the surplus. Can I get my share even if we didn't agree specifically that either party could enforce the Standard Conditions of Sale. No retention is held to cover what I feel is owed to me. Or is the sale automatically taken to be full and final despite what the Standard Conditions of Sale states?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

UKSolicitorJA : Hello,
UKSolicitorJA : you are entitled to ask for the surplus to be returned to you by the buyer of your property. If they are not willing to do so, you may ask the managing agents or the landlord to pay you the surplus as this is really your money which you overpaid them.
UKSolicitorJA : if the buyer or the landlord or managing agents are not cooperative, then you may make a choice, either to write the money off or go to court to claim it.
UKSolicitorJA : can I help further?
UKSolicitorJA : I see you have left a poor rating
UKSolicitorJA : Any reason for this please?
JACUSTOMER-fe16pbm5- :

I'm sorry to rate the answer as poor, but I asked for a detailed answer. I was expecting to receive a response which told me whether I was entitled to my share without having specifically agreed it, the importance of retentions, if any, and whether the sale was full and final. I don't want to have to read between the lines or interpret the response - just specific statements of fact for each of the points raised.

UKSolicitorJA : Okay. Do you wish me to continue if you are willing to reconsider your feedback?