Solicitors Property Deed Of Variation

[josadler7]

Hi
Please can you help?
We are in the process of selling a flat and are having trouble with the buyers solicitors, we have had many letters requesting detailed info, some of which has been in repetition, one of the issues is that they require a deed of variation since the solicitor feels that parts of the property are not clear on the deeds – i.e. the flat’s balcony. The flat is part of a period property converted into flats in 1984, since this time the flat has been bought and sold several times always with the understanding that the balcony forms part of the property of Flat, indeed it can only be accessed from the flat.
The solicitor requires £400 to produce this document and despite several emails explaining that it is unnecessary they now insist. We don’t want to lose the sale but feel that we are being ripped off… does anyone have similar experience please can you advise?
Thank you.
J

[woofgang]

How much would your solicitor charge to produce it?

[buildersmate]

£400, as per the question.

This is therefore going to be about 2 hours work - yes, these people really do charge at a rate of £1500 per day.

In a rising market (across much of the country) you have a choice, really. Accept it as a reduction in the offer price of £400, or state to the vendor that you'd be happy to provide the necessary deed of variation but since it going to cost you £400, you will wish to increase the price at which you sell by £400 to compensate.

Its a variation of the old trick of the buyer making an offer and reducing it post-survey due to some spurious and obviously spotted minor imperfection in the property that the surveyor comments on.

If the property market is rising in your ares you could call bluff by suggesting that you don't consider it to be enough of a problem to prevent someone else wanting to buy your property if you re-marketed it. Much depends on the relative timing of ypour proposed purchase at the other end.

[black_cat51]

in my opinion, unless there is a desperate reason you need to sell, the buyer has more to lose than you, so i would either ask them to split the cost or pay for it

[woofgang]

Oh sorry, I though the buyer's solicitor had offered to do it for 400 quid.

[Peter Pedant]

.erm yes I have
I always use the same solicitors to sell that I used when I bought.
and in deed (! Ha !) the day came when my solicitor said
there is question to title - they want you to swear that you have used the drive by adverse occupation since you bought

and I said why didnt you pick this up when I bought ?

and he went like blah blah we dont think there IS question to title yap yap yap.

and since I wanted to sell - I swore the required affidavit.

Four hundred knicker extra on the sale price isnt gonna be that much is it ?

[Lindylou]

Put the flat back on the market. If the so-called 'buyers' are for real then they'll accept your explanation. Solicitors just do as instructed but are happy to try to rip people off. All they want are their fees.

[black_cat51]

isn't that what all of us want - to get paid for the work we do?

[237SJ]

I`d pay it and be done with. Years ago when I had my first flat, I lost two buyers (and thus the two properties that I was purchasing) due to a fault that needed a deed of variation. I had paid for 2 surveys and searches which cost a lot more than the deed of variation.

[Leaseholder999]

Jo, Did you get a resolution to this? Did your Freeholder ask for any money for the balcony? How did you manage to claim it as I am going through something similar myself.