Hi.

My girlfriend just agreed an asking price on a leasehold property. It recently had renovations by a housing company (new windows etc.) The property was advertised *including* these new windows.

After the survey (=cost), searches (=cost) and solicitors (=cost) her solicitor has found that there is an additional service charge of £100 per month to cover the cost of the windows! Whoever owns the property pays the charge. This was not declared up front by the vendor or the estate agent.

The addtional £100 per month has pushed her budget well over the edge and she cannot now afford it. Anyway, she'd be paying for the windows twice because the house was valued with windows included! The agent says "the vendor didn't tell us that there was debt outstanding on the windows so it's not their fault". Don't they have a duty to find that out, especially as they value the property with windows included?

With an imminent collapse of the deal my gf will lose about £1000.
Who's at fault here, and what can be done?

I don't think the agent is a member of the ombudsman ....

Aaaarrrgghhhh!

Property misdescriptions act might help but this is failure to disclose on the part of the vendor so its them you should be going after.

Unfortunatley she will probably just get bogged down in a dispute between the agent who says they werent told and the vendor who says they were

oh just re read and realised she hasnt actually completed on the property so i dont hold out much hope on suing anyone

[Edited by mattstant - 12/3/2003 5:27:43 PM]

Alternatively, just reduce your offering price by the amount of extra cost of the windows, if they don't accept then pull out (or threated to at least - sometimes enough to get the sale sorted).

[Edited by Dracoro - 12/3/2003 5:38:49 PM]

Reduce your offer by the full amount left to pay & see what the reaction is.

D

Yes, we have begun negotiations to reduce the asking price, but the vendor may pull out leaving my gf out of pocket.

What a nasty nasty surprise. House buying is a minefield. :-(

Very very very poor estate agent if they didn't realise there was a maintenance contract. Nearly all leasehold properties have these to cover just this sort of cost.

Is the £100 actually for the windows specifically or the normal monthly maintenance cost? She may yet find there is still a maintenance cost out there.

Dave

Shouldnt your gfs solicitor have enquired as to the existence of a maintenance contract - he / she should have asked to see at least 2 or 3 years accounts for the maintenance!

Also I think that as it wasnt specifically mentioned as a condition of sale she might have some grounds for reducing the price - however the vendor can well withdraw the sale so tread carefully.

Someone at the estate agents or solicitors hasnt done their job properly!

Thanks for your advice chaps.

My gf's solicitor DID pick the extra charge up ... otherwise she would have been left with a maintenance charge she couldn't afford.

The result is that a compromise on price will be reached with some of the proceeds of the house paying off the debt on the windows!

Messy. Maybe she should just move in with me!!!!

Who was the estate agent?

Ravster - no no no - let her get her own place then go round and christen every room

What all three of them? Well, that's one nights entertainment ... !

LOL