• Freeeholder Death

    By Guest on 23rd Feb 2015

    the freeholder died before we exchanged on our leasehold flat does that void the sale?

  • 1 Answers

    By Guest on 23/02/2015

    It depends wherher you were buying a brand new lease or taking an assignment of the existing lease. If you were buying a new lease, i.e. you were buying from the freeholder then if as you say contracts haven't been exchanged there is no obligation on whoever inherits the freehold to continue with the sale. If on the other hand you are buying an existing lease, you are buying from a tenant then the death of the freeholder shouldn't have any impact except that there may be a delay while your solicitor makes sure there is someone to take over management of the freehold and the issuing of any consents that are required etc. Having said that any seller or buyer is free to withdraw from any transaction before exchange has taken place.

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