The company has offered a goodwill payment of £1,000 for this shortfall. Martin Oppenheimer did not respond to my questions about the space purchase. My father believed the legal documents were correct and as he had been given access to the car park and parked unhindered for over a year, he had no reason to question them. AC, London This is a strange and embarrassing situation and neither Connells nor the developer come out of it well. However, your parents bear some of the blame. Buyers must sign the legal documents, including the lease, and it is essential to read them first and point out any oddities. Conveyancers should also inquire about any anomalies and, if your solicitor was sent the retention agreement with the memorandum of sale, they should have disputed the fact that parking on the former was not included on the latter. Connells, after investigating your complaint, admitted that their staff did not transfer the parking element to the memorandum of sale. Cannot explain why, as parking was not included in the rental, a key fob was issued. This remains a mystery. Connells says: “We have apologized for our administrative error. Responsibility for ensuring that all details of the contract are correct rests with the purchaser, their carrier and the developer.” Property law expert Lara Nyman, of Seddons solicitors, confirms that caveat emptor (buyer beware) underlies any purchase, especially when you’re buying off-plan. “Remedial action will depend on the documentation provided and the statements made, verbally or in writing,” he says. “A reservation agreement is nothing more than an agreement by the developer to sell a plot to the buyer within a certain time frame, so it is unlikely that this will create a claim against the developer. Marketing literature and sales memoranda will almost certainly contain some attempt to limit liability and transfer to the buyer the responsibility to ensure that the legal documents are accurate.’ Your parents could sue their lawyer, but that could be expensive, so they should make sure they had sufficient evidence to prove negligence or misrepresentation. It would be more cost-effective for them to take their complaint about Connells to the Property Ombudsman, but there is no guarantee they will receive more than the £1,000 already offered. It may be less. I’m very sorry I can’t get a solution, but I hope this serves as a warning to all of us never to take on trust contracts. Email [email protected] Include address and phone number. Submission and publication are subject to our terms and conditions
