和大家讨论了一下问题可以总结如下。。
即使shared ownership的房子把100% equity买下来,还是要apply一个pre-emption clause,期限是21年。这个clause大概意思就是卖和租之前都要先问housing assosiation买不买,这个价格要按照我最新作的valuation report来定(不能瞎要价),如果housing不要,我们才可以放到市场上公开卖。
那么问题来了。。
我们担心的是,如果到时候房市比较好,valuation做出来的价格偏低,但挂到市场上卖可能大家都会比asking price加价买,那万一housing回复他要买,我们不是等于亏了很多嘛。。。所以想问问大家有没有经验,有人说housing根本不会买,仅仅是多走个手续而已,但我还是担心。。。
请有经验的人士给个guidance啊!!多谢!!
之前发过关于shared ownership的问题,现在终于进行到了律师的阶段,律师给我发了如下关于shared ownership买卖的wording,我想问下这个条款影响大嘛?感觉要给housing association 一个valuation report这个比较烦,估计得自己掏钱做?
However as the property did start off as a shared ownership property, there are provisions within the lease which will still apply to you even though you will own 100% equity in the property. The most relevant of these provisions is referred to as a pre-emption clause and this will last for twenty one years from the date of completion of your purchase (which will also be the completion of the purchase of the final equity by the seller form the landlords).
This clause will require you to serve the landlord with notice every time you intend to sell, assign or let the property from more than twenty one years. This notice will need to be served together with a valuation of the property and giving the landlord the opportunity of purchasing the property or nominating a purchaser to purchase the property from you. This will mean that if the landlord does take up this option the value of the property will be determined by survey rather than by putting the property on the open market and getting offers in the normal way. If the landlord does not accept your notice within six weeks of service then you will be free to assign or let the property as you wish and this usually means that you are free to put the property on the open market. You will appreciate that this may mean a delay in you being able to dispose of the property when you wish to do so and may mean the conveyancing process may take longer as there will be an additional step that you will need to met. You should also bear in mind that if the landlord does opt to purchase the property from you the sale price will be determined by the valuation you will have had carried out rather than bids on the open market.
另外给大家参考下买100%的wording
Please note that the lease held by the seller is currently a shared ownership lease with the seller currently owning 40% equity in the property. The landlords currently own the remaining 60% equity. The seller is proposing to simultaneously purchase the 60% equity from the landlords at the same time as the proposed sale of the property to you and therefore it is intended that you will own 100% equity and interest in the property on completion.