Auction property Legal pack changed without my knowledge?

by Readers Question

11:04 AM, 9th May 2019
About 2 weeks ago

Auction property Legal pack changed without my knowledge?

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Auction property Legal pack changed without my knowledge?

I have purchased a property from auction on 25th April 2019 and today is the completion date. We were happy with the property until we found out there was a commercial lease attached to a residential house this was after the purchase.

We saw the property advertised with Auction house tenure it stated see the legal pack. I cheeked the legal pack on 14 April 2019 10 days before the auction. Legal pack included Title register which stated the property was freehold and there was nothing in the legal pack stating property might be sold as a leasehold.

1. During these 10 days I was NOT informed of any changes to the legal pack.

2. Auction addendum did NOT mention any changes to the legal pack.

3. Auctioneer did not mention any changes to this legal pack.

4. Auction house claimed automatic email was sent to me informing of this change I have confirmed to them I did NOT receive any email showing changes to the legal pack. I have requested evidence of the email they have NOT produced any yet.

5. Word freehold in the title register was NOT blanked.

6. There was no mention of property being sold as a leasehold in the legal pack or nothing stating lease might being prepared.

One day before the auction 24th April 2019.

1. They inserted a lease document stating property being sold as a 999 year lease.

2. they inserted a commercial lease for a residential terraced house.

a. lease states if we let property for more than 12 months we have to get permission from the freeholder and we have to pay for the cost.

b. Property cannot be let to students, HMO, Holiday lets etc.

c. We need to up keep the property but property we bought is derelict it needs doing everything.

d. They state we need to maintain all the fitting and fixtures but property does not have kitchen or bath room, heating etc.

e. The lease is so strong we cannot get mortgage on this property.

I have written to the auction house asked for the followings.

  • I believe due to failures the contract is to be void.
  • deposit I paid should be refunded.
  • property’s should be put back into your next auction

By putting the property back into your next auction it will save all the party’s lot of time and money. If the property is NOT re-advertised in your next auction than I have no choice to take legal action against the North West auction house.

It is clear the from the evidence seller had the attention to sell the property as a leasehold from the outset and he was well aware the property will have NO value as a leasehold property. Therefore he cleverly inserted the lease document in the pack with your knowledge on the last day of the auction and you have completely failed to inform me property will be sold as a leasehold during your 36 days of advertisement.

Kabir



Comments

Katiejane13uk

20:16 PM, 9th May 2019
About 2 weeks ago

Who is the freeholder?
What is the ground rent terms ?? Is it onerous (more than 0.1% value of the property)? Has the freeholder signed the governments recent leasehold pledge ??
What is the start date of the lease ? Has it only just been created as houses should not be leasehold as per the governments current work around leasehold reform.

Please join the national leasehold campaign on Facebook

Rob Crawford

12:32 PM, 10th May 2019
About 2 weeks ago

Hi Kabir, you don't actually ask a question. I assume you want to know if you have a legal position to back out of this with no loss. You allege that the property details were changed during the lead up to the auction. Do you have any evidence of this, i.e. a print out of details or down loaded PDF file? If not, does anyone else who was bidding against you? If the auctioneer/seller are denying your allegations you will need this proof.

Kabs

16:48 PM, 10th May 2019
About 2 weeks ago

Reply to the comment left by Rob Crawford at 10/05/2019 - 12:32
Hi Thanks for reading the article
Yes I have downloaded and printed documents 10 days before legal status was changed and 11 days before the auction day.

John Pettman

18:18 PM, 10th May 2019
About 2 weeks ago

Hi
There is something strange . Clearly the property is a freehold property and one should have examined the Office Copy Entries. These would have a date they were issued and should have been very recent and further would have given a title number They would also have shown if any part of the property was subject to a long lease . So what exactly was contained in the contract that was signed???? Did you get A Solicitor to advise and examine the legal pack???

Darren Peters

8:09 AM, 11th May 2019
About 2 weeks ago

Did you check the legals on the day of the auction also? I've been told (so may be heresay) that the legals can change up to the day of the auction but must be available at the auction and must be correct there.

I've seen legals different on day of auction to legal pack that was available to download. Only a reduction in new Lease from 125 years to 99 but still sneaky.

Kabs

17:33 PM, 13th May 2019
About 2 weeks ago

Reply to the comment left by Darren Peters at 11/05/2019 - 08:09
This was a complete change from freehold to a leasehold without notice. Attached was a solid commercial lease.

Kabs

17:35 PM, 13th May 2019
About 2 weeks ago

Reply to the comment left by John Pettman at 10/05/2019 - 18:18
I downloaded freehold title register 10 days before auction from auction link showing property was freehold. There no suggestion indicating property might be sold as a leasehold.

Rich Green

9:12 AM, 18th May 2019
About 7 days ago

Reply to the comment left by Kabs at 13/05/2019 - 17:35
Just get your solicitor to handle this. Write to the Auctioneer.
You can probably just blackout, auctioneer changed the lot without informing you clearly. If you have a recording of the auction, that would be great.


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