Can you exchange even if the co-owner has dementia?

gettingbetter

hi kowah

sorry to hear you lost out
i would be asking some very pointed questions

i went through this with my MIL
fortunately i was given POA as soon as we realised
that she was starting to get a bit wondered

i cant remember all the ins and outs but i do remember
calling the lawyer and having to tell her
what she wanted him to do

but because the lawyer knew her and knew she had
good and bad days there was no problems

that doesnt help you but just wanted to share

kas xx

kawoh

gettingbetter wrote: »

hi kowah

sorry to hear you lost out
i would be asking some very pointed questions

i went through this with my MIL
fortunately i was given POA as soon as we realised
that she was starting to get a bit wondered

i cant remember all the ins and outs but i do remember
calling the lawyer and having to tell her
what she wanted him to do

but because the lawyer knew her and knew she had
good and bad days there was no problems

that doesnt help you but just wanted to share

kas xx

Thanks for this. I did receive poor legal advice... I think, asking - is there any way I can exchange contracts to buy WITHOUT the co-owner seller being able to sign or having a trustee on his behalf. The answer was NO.

Exchange DID happen.

Had I got the proper legal advice, I would have then been in a position to make a decision to purchase the property. I was even told point blank when I said, How can i get deposit monies to you, that this was not something we had to worry about at the moment!

And also, if the vendor's solicitor for the past 2-3 days leading up to this has been sending very pointed emails to my lawyer which I've seen copies of, and no responses have gone back, despite my requests in writing to my lawyer to act urgently, with no communication literally happening over this time between either party, nor attempt to do so. Surely this is poor service from my lawyer, or negligence?

Anyhow... my opinion, we'll see...

It certainly is a tough one, you can read above, most of you are saying it's not possible to exchange, well somehow it was possible. And this is what i'm paying a lawyer for, their professional advice so I am then making an INFORMED assesement of the risk and make a call on what to do. Sadly, I wasn't given that opportunity.

Richard_Webster

I think that if the seller's solicitor knew a co-owner with his name on the title lacked mental capacity then he could not exchange contracts. However as its the seller's situation here, it may be that you didn't get the full story. Possibly the person with dementia was entitled to a half share, but didn't have his or her name on the title so those whose names are on the title were acting as trustees.

There could be other possibilities. After all it does seem you have been getting the information second/third hand.