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Legal or not

Background: Couple splitting up: Can't agree sale price, 1 willing to accept offer, other wanting more and sticking to this. 1 willing to sell offers to pay me the shortfall without the other knowing to move the sale forward. ie. I get it for the price I offered and the one partner believes that they have got the amount they want.

What should I do.
«1

Comments

  • How will number 1 pay you the money? Cash in a brown envelope? Before or after the sale? Will you be avoiding tax?
  • Willing to deposit money (before sale) with solicitor. By Tax do you mean Capital Gains?
  • Yes or stamp duty
  • saabay
    saabay Posts: 57 Forumite
    Are you having a mortgage? If you are then it could be construed as mortgage fraud as the price recorded in documentation is not the price being paid. But, then again, who's going to tell them? Not you.
  • I will have to pay additional SD. The mortgage we are getting on the proprty is about 40% of the value
  • saabay
    saabay Posts: 57 Forumite
    Just don't tell your solicitor as he'll be duty bound to report it to the lender who might not like it.
  • Would it be illegal if the money was paid after the sale (obviously a big risk here) through me agreeing to sell the buyer something of mine (say a lamp) for the shortfall amount. BTW we where considering upping our offer to the required amount so the risk is minimal
  • cr1mson
    cr1mson Posts: 933 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Effectively I would say they are gifting you part of the deposit so you would need to tell your mortgage lender and get solicitor to draw up appropriate documents. Would check this out with your solicitor on a practical note I would walk away now as sounds far too complicated and it may be the thing that changes the mind of the party who wants more and you might even get it for less!

    C
  • Have spoken with my solicitor already, they advised that it could only happen if both parties agreed! no chance of that then. If I was to progress I would have to move to a new solicitor.
  • saabay
    saabay Posts: 57 Forumite
    You could try it but it is pretty obvious that a lamp would probably not be worth what they are paying you for it.
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