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Consent to sell by joint owners
SallyG
Posts: 850 Forumite
Does an Estate Agent have to have written consent from both owners named on the Land Registry deeds before a jointly-owned house can be advertised for sale?
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Comments
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He will only get paid by one if he has only been instructed by one.
If the other one doesn't want to sell then the sale won't go very far because the other will make it clear he/she doesn't want to sell and won't sign nay documents. If he/she tells agents this then they may well not want to waste their time on a transaction that won't get anywhere.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
I co-own a property with my brother and he was able to put it on the market without my involvement with the EA. He did have my agreement, but nothing in writing. This was only last April.0
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Thanks for your help - is there anything in the system to prevent my estranged tenant-in-common from unilaterally putting the house into an auction - is it true that once the gavel's gone down both sides are committed?0
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If you are named on the deeds, then your signature will be needed to register the sale. Without that, gavel or not, the sale will not complete!0
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If these are divorce proceedings, the court can sign for you. Alternatively, your ex- needs to bring proceedings to force sale of what is, after all, half his property. If there are no children, he is very likely to succeed, and it will cost you both loads of legal fees.
The obvious thing to do is to have some mediation, to sort this out as amicably and cheaply as possible.No reliance should be placed on the above! Absolutely none, do you hear?0 -
If you are named on the deeds, then your signature will be needed to register the sale. Without that, gavel or not, the sale will not complete!
Buyer could sue auctioneer and the solicitor purporting to represent both sellers for breach of warranty of authority. No sensible auctioneer would go down that road without making sure he had instructions form both sellers.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
you do not need to be the legal owner of a house to put it with an estate agent. you don't even have to be the legal owner to exchnage contracts, but you will have to make sure that any eventual transfer is by all the registered owners direct to the Buyer.
I can contract to sell your house, but I need to make sure you give the buyer the transfer.
the agent will want to make sure they have someone paying their bill, it need not be the owner.My posts are just my opinions and are not offered as legal advice - though I consider them darn fine opinions none the less.:cool2:
My bad spelling...well I rush type these opinions on my own time, so sorry, but they are free.:o0
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