I appreciate your frustrations with regards to your purchase of the above property falling through due to you withdrawing from the purchase on the point of exchange over the restrictions in the lease with the need to have floor coverings throughout the flat.
If everyone had been made aware from the outset that the purchase was dependent on the request for installation of wood flooring then the apartment would not have withdrawn from the market for four months, remaining vacant with the vendor who is our client continuing to be responsible for communal heating, service charge and council tax. In addition both parties solicitors would not have proceeded with the transaction incurring costs for both sides.
You did ask the question in your email to me on the 07.11.2019 SEVEN days after your offer had been accepted.
Going through the email trail we never advised you that the flooring would be accepted, we clearly stated on two separate occasions that we were awaiting a reply from the Freeholder.
At no point when you viewed and subsequently offered did you ever state that the request for installing wood flooring in the property was an integral part of your purchase.
Neither did you chase us again for these replies and all enquiries were dealt with via the solicitors. Surely from November through to February you must have raised this issue with your solicitors.
What was offered/discussed via the freeholder, their solicitors and your solicitor I cannot comment on as these conversations were had directly between those parties.
In relation to re marketing the flat we were advised by my client’s solicitor that you had withdrawn from the purchase and in turn our client instructed us to re market the property immediately. At no point did you make contact with us to withdraw or discuss these points and all communication came through your solicitor.
I can categorically confirm that the property was not remarketed three days prior to your withdrawal. My clients were advised on the 7th February that you had withdrawn from the purchase and as you will see on Rightmove the property was re launched on the same day as per my client’s instructions.
No party has benefited from the transaction not proceeding, and I am sorry that it did not proceed to the exchange and completion that we all wanted.
Jack P Fisk
Partner
Whitlock and Heaps