Car park space allocation on apt developments

Hi

I am due to close on an Apt this week.

We enquired where the car park space was to be UG or Surface. It took a week to get a reply and we were told it would be surface.

Our Aprtment is top floor and one of the most expensive in the developement.
The development has a large block that has no units closed as yet and as such there are about 20/30 units closed at this point. The vast majority are not yet closed.

We are adament that we want an UG space given the apt value and the obvious fact that there are spaces left that are attahced to units that are not closed.

This may be the developer trying to hold the more valuable UG spaces for sale later. Incidentally I know this developer has held many spaces on past builds and has allowed very poor allownce for visitor spaces.

I cannot speak with my solicitor as he is on holidays unitl tomorrow, any feed back greatly appreciated.

This sounds like something that should have been queried before the contracts were signed? Does it say anything in the contracts about where a parking space will be?

plant43 said:

Does it say anything in the contracts about where a parking space will be?

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Given that the OP had to query the location, I'm guessing no mention of it in the contract.

I can't comment from a legal POV (due to not having the paperwork and more importantly not being qualified to do so!), but if it doesn't specify UG parking in the contract I doubt you have a leg to stand on if the developer provides Surface.

We are adament that we want an UG space given the apt value and the obvious fact that there are spaces left that are attahced to units that are not closed.

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Sadly, I'm sure the developer is adament that he will hold onto the more valuable parking to attract future buyers etc. As you have no written contract for him to provide UG parking (and guessing you've already placed your non refundable deposit so no real leverage to negotiate) he is under no obligation to do so.

I would suggest trying to discuss the matter with the developer and seeing if an agreement can be reached. However, chances are he won't agree to you getting a UG space without some additional fee.

plant43 said:

This sounds like something that should have been queried before the contracts were signed? Does it say anything in the contracts about where a parking space will be?

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this info was only available in closing docs.

Usual story, sales stated UG, not specified in contract until closing.

If it was mentioned in the sales brochure but not mentioned in the initial contracts, I would have raised the query then and ensured that the UG car park space was in the initial contract. As it stands now, the best you can do is try and come to an arrangment with the builder.

"Usual story, sales stated UG, not specified in contract until closing."

As the sales docs stated UG and nothing (until closing) stated otherwise, then I think you have a good case, provided you have not signed closing. You could even threaten to pull out of the purchase altogether as you are not getting what was advertised and got no information to say otherwise.

But this is not a professional opinion.