Bought at auction - solicitor not happy with title

amsaminee

Registered User
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(Moved from this thread which is slightly different)
I am now in the same situation as you.. I bought a property and auction and now my solicitor will not sign off on Title. Whats strange is a few properties from the same development were sold and i would say they have no problem with Title. I would love to know how you got on with this GOTTAGO. We would have never realised there was a problem with Title in the pre check as the problem is actually with Planning, we were given a compliance certificate with the legal pack but this is actually false as the property has not complied with planning. It took my solicitor 2 months to catch this issue and now they will not sign off Title.
 
Did you solicitor check the deeds before you bought at the auction?

Who provided the false planning compliance certificate? Prsumably if it was the vendor, you are entitled to your money back.

Whats strange is a few properties from the same development were sold and i would say they have no problem with Title

Or, maybe you just have a very good solicitor who has found a problem which the others didn't. If the problem is with planning on a block of apartments, it presumably affects all apartments and not just some of them.

By the way, I moved this from the other thread, as the buy had not checked the title before bidding at the auction.
 
The problems is not with the Title from the previous buyer its with Planning. I have a really really good solicitor who has found this problem, whereas all the other properties about 300 in this complex have not found this issue. Our Solicitor did not review the documents before auction but reviewed a different set which was for a different property in the same complex but didnt find this issue till after auction. It has taken 2 months to get the council to get to the root of the issue and it isnt complining on one or two issues. The Vendor supplied the Certificiate of Complaince and also another document on the document of schedules which also looks like this is also false or not complying with planning. Can we get out of this now? When i say a False document it was signed off by an enginner but is not correct. just to clarify
 
I have a really really good solicitor ....Can we get out of this now?

My layman's view would be that if they provided you with falsified documents, you could pull out of the purchase.

But as we don't know the exact details and as you have a really good solicitor, I would rely on his advice.
 
My Solicitor is saying we have a chance to get out of this by using the two documents they supplied with the Legal Pack and Contract which are wrong or incorrect, one of them they havent supplied yet and may struggle to supply it as it doesnt comply. All the 300 properties in this complex would have the same problem but are prob not aware of this issue. There were a good few properties sold by the same developer at auction and they all sold so they would all have the same issue as us.
 
Think Priory Hall and run like the clappers. If your solicitor says you can get out of it, get out.
 
If your bid relied on false compliance documentation supplied by the Vendor, then you should be able to slip out of the contract if you want to.

If its a planning issue you might also be able to apply for "planning retention" ie ask the Planning department to grant planning permision for what has actually been built.
 
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