Restrictions on Title Deed for Selling Home

[homegirl123]

I wondered if anyone has faced the same issue we are going through and how/if they solved it.

We are selling our Bloor home after living there for over 2 years. We have found that as the management company have not fully taken over the estate no one is willing to sign the FME1 form. We have restrictions on our title that we weren't aware of that says Bloor homes and Trinity Estates (management company) must give permission for us to sell. As Trinity have not fully taken on the estate they are refusing to help us.

It's beyond frustrating so any advice would be appreciated.

Thanks

[New Home Expert]

It is situations like this why I strongly advise against using any firm of solicitors recommended or suggested by the housebuilder.
Any truly independent solicitor would have spotted this unfair clause and the implications for those wishing to sell their homes early on.

If your solicitor did not note or question this then he and his firm have been professionally negligent and you should appoint a solicitor to take action on your behalf and make claim for damages.

I have never heard of a clause where the owner of a property must seek "permission" to sell it from the company or person they bought it from.  There are Event fees in some leasehold properties that require payment when a home is sold, typically these are in the retirement homes sector.

There are many areas of Leasehold, especially with new builds at the moment, but due to Covid and before that Brexit, our government is doing nothing at all for new home buyers with issues such as unfair leasehold terms, cladding replacement, defective new homes and setting up the New Homes Ombudsman which was announced 25 months ago!

I think the first question that needs asking is WHY this clause has been put in your Title Deeds in the first place.
You may like to see what others have done to get around it that may have already sold. Use your postcode in Zoopla or RightMove to check homes sold on your development.  You could also join forces with any others looking to sell at the moment and share legal costs.

Finally I would suggest you write to Bloor Homes and inform them that you have been advised that this clause in your Title Deeds is regarded as "unfair"  under the Consumer Protection from Unfair Trading Regulations 2008   and that if Bloor are unwilling to remove the clause or obtain permission on your behalf (at no cost to you) you will be informing Trading Standards of this breach in Statutory regulations.

Hopefully this will do the trick.
For anyone else reading this, be wary of housebuilder's contracts of sale. Read it, don't trust your solicitor to have done so and advised you, even if they are acting for you and not also the housebuilder!