Exchanged but can't complete - serious mess

caeler

Your poor thing, this sounds heart breaking.

I always thought a tithe was a levy imposed by a land owner or a parish, etc. Seems strange to refer to this 'notice' as a tithe if its impossed on the grounds on a financial settlement following a split between the current owner and an ex - assumption like above.

What is your solicitor recommending? Not buy because if you do, you'll owe this third party money?

Vomityspice

Do you have a copy of the contract you signed? (Usually coloured Blue with 'Incorporating the Standard Conditions of Sale (Fourth Edition)).

On the back page look at Special condition 4. Does the contract have the phrase 'The property is sold with vacant possession' crossed out? If it's not crossed out then you can complete and the seller will be in breach (as it's patently doesn't have vacant possession!). If it is crossed out, and the solicitor did not discuss this with you, then it's likely that the solicitor has made a mistake and will need to resolve it

caeler

Thrugelmir wrote: »

I thought it interesting that the seller is quoting £40k for losses when his ex is claiming £35k. Too co-incidental.

I never picked up on that. But surely they couldn't have hidden the fact and hoped the solicitor wouldn't have picked anything up?

DVardysShadow

FTB_Newbie wrote: »

We've exchanged contracts and are due to complete tomorrow. There is a notice on the property, placed by the person we are buying from ex partner. We've just heard that the ex isn't going to remove the notice, he wants £35,000

The person we are buying from has now told us that if we can't complete tomorrow, we will lose the deposit, plus forfeit 10% of the sale, so around £40,000. We are unable to buy as the property has a notice.

FTB_Newbie wrote: »

The seller's ex has advised in the eleventh hour that he won't remove the notice.

I'm not going to sleep much tonight.

Sleep easy, it has come up here in the last 48 hours too. You are not obliged to buy it under these conditions. The exchanged contract is for the seller to make the house available free of charges and notices. So if your seller starts giving you grief, you can just smirk and say Sorry dearie, it is YOU who are defaulting on the contract and you who will owe us compo.

Sleep easy.

BASFORDLAD

Op, let us know how you get on tommorrow!

DVardysShadow

FTB_Newbie wrote: »

The buyers solicitors are advising the buyers that if we don't complete they are entitled to the deposit and 10% of the purchase price. Surely they knew we would be unable to complete on a property that had a notice.

Missed this bit. I don't think the buyer's solicitor is saying this at all, it it the buyer who is saying the solicitor said it - if they did say it, it would not ahve been in the context of the buyers defaulting with a notice on the property.

Ulfar

As others have said you are not in breach they are, the other side cannot complete you can.

FTB_Newbie

"Your solicitor should have spotted this and received an undertaking from your vendors solicitor that the notice would be removed on completion."

Our solicitor picked up on this after exchange. The solicitors have been working for the past 2 weeks to remove the notice. Today I found out that our sellers ex solicitor has a reputation for dirty tactics. We were lead to believe the notice was going to be lifted last week and even today up until 5pm. Now he is saying it will have to go to court to get the notice lifted. Our seller doesn't want to pay him, apparently the courts have said before he's not entitled to part of the property.

What a nightmare.

Thrugelmir

bluefuzzybug wrote: »

I never picked up on that. But surely they couldn't have hidden the fact and hoped the solicitor wouldn't have picked anything up?

Solicitors do check between exchange and completion that nothing has changed since the original search. So this would have come to light.

Pure assumption, though sounds as if the vendor was trying to rush the sale through before the ex realised. Hence the "notice" being lodged. One outcome could be that the sale goes through. The notice being discharged from the equity on the sale of the property.

G_M

Is this the same purchase as Julie's in the thread here dated 26/1/10?

If so , why a new thread? And why a new username?

If not, read that thread for advice!