C
Chico
New Member
Hi,
I hope someone has some info around this issue that could help me.
On Sep 8th I put an offer in for a flat which was accepted.
Since then, the usual enquiries and searches were carried out until 27th Nov I received a call from my solicitor informing me that the sellers solicitor had informed them that Sandwell Council (the freeholder) had exercised their right to purchase the property. It turns out that the seller had purchased their flat through right to buy within the last 10 years and as such the freeholder had first refusal (I didn’t know about this at all until the phone call and certainly wasn’t mentioned by the estate agents).
Additionally, the sellers solicitor confirmed that general enquiries were sent to the council and their response came 12th Sept. Their confirmation of intent to purchase was received 27th November. That makes 1 day short of 11 weeks. From what I can see from the law in this situation the council has 8 weeks to confirm intent to purchase (section 156A of the 1985 housing act ).
My questions are:
1. I believe the council has no right to step in here (the sellers solicitor is basically just saying thanks for your time but we’re going with the council now). Does this sound reasonable? What pressure can I exert here?
2. I don’t believe this property should have been marketed in the first place by the estate agent (Dixon’s) - do I have grounds to make a complaint? Conveyancer is countrywide which are under the same umbrella with Dixon’s so ideally would like my fees cancelled.
Thanks in advance.
C
I hope someone has some info around this issue that could help me.
On Sep 8th I put an offer in for a flat which was accepted.
Since then, the usual enquiries and searches were carried out until 27th Nov I received a call from my solicitor informing me that the sellers solicitor had informed them that Sandwell Council (the freeholder) had exercised their right to purchase the property. It turns out that the seller had purchased their flat through right to buy within the last 10 years and as such the freeholder had first refusal (I didn’t know about this at all until the phone call and certainly wasn’t mentioned by the estate agents).
Additionally, the sellers solicitor confirmed that general enquiries were sent to the council and their response came 12th Sept. Their confirmation of intent to purchase was received 27th November. That makes 1 day short of 11 weeks. From what I can see from the law in this situation the council has 8 weeks to confirm intent to purchase (section 156A of the 1985 housing act ).
My questions are:
1. I believe the council has no right to step in here (the sellers solicitor is basically just saying thanks for your time but we’re going with the council now). Does this sound reasonable? What pressure can I exert here?
2. I don’t believe this property should have been marketed in the first place by the estate agent (Dixon’s) - do I have grounds to make a complaint? Conveyancer is countrywide which are under the same umbrella with Dixon’s so ideally would like my fees cancelled.
Thanks in advance.
C