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Solicitor4All
Solicitor4All, Solicitor
Category: Law
Satisfied Customers: 8196
Experience:  Director and Principal Solicitor. UK
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My selling a flat, its presently in the conveyancing stage.

Customer Question

My selling a flat, its presently in the conveyancing stage. The buyers solicitor as started:
"We note that the lease includes the foundations by virtue of clause 5 the 1997 deed and the obligation to insure on the leaseholder by virtue of clause 2(16) of the 1982 lease. This is not acceptable to mortgage lenders generally and our client will require a deed of variation in order to proceed."But my Solicitor has stated, they don't see anything wrong with the deed however for the buyers solicitor to draft the Deed of variation.The Buyers solicitor has come back with:
"The defect is within their title and I will not be drafting a deed of variation. The defect exists and I will not advise my client to proceed until they resolve the defect."My question is what does lease includes the foundations by virtue of clause 5 the 1997 deed and the obligation to insure on the leaseholder by virtue of clause 2(16) of the 1982 lease.' mean?Thanks
Submitted: 5 days ago.
Category: Law
Expert:  Solicitor4All replied 5 days ago.

A very good day to you there, how do you do? It is my pleasure to assist you today.

Expert:  Solicitor4All replied 5 days ago.

My name is ***** ***** law expert with over 15years practice. Thank you for the enquiry.

Expert:  Solicitor4All replied 5 days ago.

Before I can provide you advice on your question, there are a few things to note: I will endeavour to respond to your enquiry very quickly, but if you do not receive my response immediately, do not worry I will not have forgotten, I would either be reviewing your question fully or it could be a technical delay on my end. Please know that I will be with you as soon as possible.

Expert:  Solicitor4All replied 5 days ago.
Thank you for your patience. This clause gives you the leaseholder responsibility for the foundations which is part of the structure of the building and this is normally the freeholder's obligation and not the leaseholders. The deed of variation is normally drafted by the seller's solicitor for the buyer to consider and if agreed you both sign.
Expert:  Solicitor4All replied 5 days ago.

Any follow up please do not hesitate to send your message. We are always glad to clarify anything for you.

Customer: replied 5 days ago.
But I'm selling with the share of freeholder. But I'm guessing in law these freeholders a leaseholder are separate entities and therefore share of freehold aside the lease must reflect that. Is that the case?
Expert:  Solicitor4All replied 5 days ago.

You are right, if you were the only shareholder it would not be a problem.

My name is ***** ***** you wish you may save me on your favourites for quicker connection on returning. All the best

Customer: replied 5 days ago.
Lastly is this something a third party such as yourself could write for the other solicitors to consider?
Expert:  Solicitor4All replied 5 days ago.

If your solicitor is refusing then yes you could employ another, we are not able to represent customers that we meet on this platform regrettably but you could try clerksroom.com they have public access barristers and solicitors who will have experience in drafting deeds of variation. Would the buyer not accept defective title indemnity insurance?

Customer: replied 5 days ago.
Indemnity insurance. I will put to them? Wow if unable to accept client from here how do you make your money? Just a query. Nevermind
Expert:  Solicitor4All replied 5 days ago.

Defective title insurance yes. We only assist here when we get the time but most of us are practicing solicitors or barristers. Without this type of service believe me a lot of people who cannot afford the high street fees would not get justice and again customers do give feedback that is much appreciated.