moving in day - vendor still there! HELP

chewmylegoff

coax her outside and then put a peg bag over her head. she won't be able to find her way back.

Flashmanchop

Your Solicitor let you complete, and proceeded transferring monies, without VACANT POSSESSION

does your mortgage company know.

All the best

wegiveup

Thanks for the replies some we are puzzled by! Daphne is in bed but after speaking to a neice in Australia. Just dawned on us that the phone went into our name today so that's a bill we don't need.

The cat we have decided is Satan in 4 paws after lunging at Oh whilst she was eating her fish supper. Sure we will see funny side one day.

GDB2222

Flashmanchop wrote: »

Your Solicitor let you complete, and proceeded transferring monies, without VACANT POSSESSION

Happens all the time - how can the solicitor check that the vendor has actually moved out?

ViolaLass

wegiveup wrote: »

Thanks for the replies some we are puzzled by! Daphne is in bed but after speaking to a neice in Australia. Just dawned on us that the phone went into our name today so that's a bill we don't need.

Did you get a chance to talk to the niece?

watsinaname

2 stories to cheer me up .... thank you Mr Jones . x

Keep it up.

Richard_Webster

Difficult for solicitor to check everything but seller's solicitors should have checked her mental state so they may be liable for allowing the matter to proceed - they warrant they have the authority of the seller to proceed with a sale so they have to take proper instructions and if it is clear the seller is 90 - she would know this because they ID her when they took the case on - then they should have made sure that she understood what she was doing.

If they didn't then they are responsible. (Bristol & West v Penn where one spouse forged other's signature and solicitors should have checked and were held liable when a transaction was unwound because of the forgery and Bristol & West lost their security.)

Second point is it is a standard precaution to check midday that you can get the keys to the property. Normally problem is that buyer turns up at estate agents at 5.30pm to collect keys and agent hasn't been told by seller's solicitors that they have the money, so i always tell buyer's to phone to check that. In this case it is a puzzle. Presumably there were no agents involved or they didn't have the keys.

If seller has no family and no estate agents then buyers would have had to contact her direct a few days beforehand to arrange to collect keys and surely then their suspicions would have been aroused. More likely she has got family but has dementia and is confused, but then family should have been organising the move and making sure she moved out.

The whole sequence of events through exchange of contracts to completion needs examining. The seller's solicitors will have needed to get a transfer deed signed by her - so how did they do that? If there is no transfer deed then the seller's solicitors will have to refund the sale proceeds never mind that some of it has been paid on to someone else. Seller's solicitor's liability because they shouldn't have completed without that document and they would have undertaken to the buyer's solicitors that they had it and would forward it. If seller away with e fairies then solicitor shouldn't have allowed her to sign it.

kingstreet

It sounds like she lacks capacity and the completion shouldn't have gone ahead without support in place. I'd call the local social services office and ask for the Older Peoples Team. Ask if she is known to them and if she has a social worker.

If she has no money she will be relying on social services or the housing department of the local council for care or re-housing. There are probably plans in place she isn't aware of...

They might try to claim "Data Protection" and fob you off. Tell them you are concerned about her wellbeing and you don't want any information from them, you only want to notify them of the problem.

If you get no joy there, ring the local housing office and tell them what's happened and ask them if she's known to them.

Call your solicitor and ask them to make sure the vendor's solicitor is aware of the situation and you'll be asking them some fairly pointed questions when this situation is resolved.

kingstreet

GavB79 wrote: »

Must try harder

Is this a WUM?

zzzLazyDaisy

kingstreet wrote: »

Is this a WUM?

NOooooooooooooo!!!!!!!!! It's not is it?

My faith in human nature and the veracity of MSE posters destroyed in one stroke.....




(I reckon the dog is buried under the patio along with the late husband)