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Can estate agent market a house when they know one owner doesnt know about it

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briefly, husbnd being looked after by family member who is after his money, he has got his dad to put the house on the market not realising his 2nd wife is 50% owner. now he knows, he still hasnt taken the property off the market. 2nd wife is abroad with her family in hospital and knows nothing about it. Can an estate agent go ahead with this?

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  • poppysarah
    poppysarah Posts: 11,522 Forumite
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    Can't sell without both's agreement if she's on the deeds.
  • TBeckett100
    TBeckett100 Posts: 4,732 Forumite
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    i know, but surely agent is negligent when knowing this info - buyers wasting money before they find out etc etc
  • Emmzi
    Emmzi Posts: 8,658 Forumite
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    surely the solo seller is negligent - how did he fill out his questionnaire for the HIPS?
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
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    It would be best if you asked the question on your other thread rather than starting two threads about essentially the same set of circumstances.

    However, there is nothing to stop an estate agent carrying out the instructions of one joint owner to market the property. It happens all the time when couples separate, and the person still living in the house decides to put it up for sale. Although, obviously, once they get a buyer, the solicitors will need the go-ahead from both joint owners, and they will need both of their signatures.

    But in this case, as you are considering involving the social services and possibly also the court of protection, - as well as the fact that one joint owner is abroad and has not been notified of the planned sale, actually selling the house may be even more complicated. Which the son will quickly find out once a solicitor is instructed.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • david29dpo
    david29dpo Posts: 3,748 Forumite
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    I had a similar problem. I told the selling agent about "the" problem, highlighting the fact they where outlaying money to sell an unsell-able house and if the house "sells" it will all go tits up before exchange and they wont get there commission. As soon money was mentioned the board disappeared.
  • TBeckett100
    TBeckett100 Posts: 4,732 Forumite
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    thanks david, I am going to try that one,
  • googler
    googler Posts: 16,103 Forumite
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    They can market it all they like, but the solicitor won't execute the sale without having all owners involved, so it's up to those involved at the moment to decide what they're going to put in to the process for possible nil reward or result
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