PLEASE please help-elderly neighbours want to stop sale.

mrsc_4

Unless I am missing something but are you in Scotland if not then surely if exchange hasn't taken place then they can pull out??

Correct me if I'm wrong

happymummy24-7

leftieM wrote:

Would it be possible to appeal to the buyer's good nature - say offer to refund their costs to date if they walk away now?
I also don't understand why your neighbour have let things get to this point. They must have had weeks to walk away from the sale.

they let things get to this point because they felt hopeless that their was nothin gthey could do-which seems to be the case anyway-but today it just erupted as an outpouring of grief to me and they asked me to help them do anything to stop it s i told them to call solicitor!
The solicitor mentioned a failure to complete,yes,i will try to find out what i can.

happymummy24-7

I am in Northern Ireland and the contracts have already been exchanged

prudryden

happymummy24-7 wrote:

sorry we all messaged at once!
I completley agree,they have already signed the contract and so its their own fault.BUT they dont have anyone for advice eg family-the son isnt much to talk about really-and they were swepted along and felf it was impossible to stop what they had started,this has only just come to light today when i called in to give them a leaving card!otherwise i would have been there earilier to try and stop them signing.
Im sorry i know solicitors are doing their job,i was just upset,they were both standing beside me when i was talking to her and looking to me to help them and i really dont know what to do.thanks for the replys keep them comming-i realise we are most likely to be beaten!

Please, Please call Help the Aged. They may be able to steer them in the right direction and may have more influence and power then we give them credit for.
Look up the definition of UNDUE INFLUENCE and start throwing that out to the solicitors. Near impossible to prove, but worth a shot.

lush_walrus

If they are exchanged then they are legally obliged to complete, and if they don't on the day then they have broken the contract. Automatically, if they pull out they will most certainly loose the money they have deposited at exchange (generally 10%). As the solicitor has advised the buyers are then in a position to effectively take them to court for all costs that they are going to incur as a result of loosing the property (which can also include the rise in price for a similar property). The only thing they can try to do is appeal on diminished grounds of responsibility (Ie that they have lost their mind). But even then they are likely to have a hefty amount of money to pay out.

God what an awful heart rending situation, they must get actual professional advice now (ie today if possible). People on here can help so far, but unless there is a very hot solicitor the exact answer is unlikely to be found.

Do they not have anywhere to move to? What were they planning to do?

chant1l

I would be inclined to keep the solicitor on side, as he will be an ally should anything unpleasant happen. Remember he is not obliged to represent your neighbour...
Appeal to the better nature of the buyers is probably your best option.

epoman

If contracts have been exchanged then she is bound to sell I'm afraid.

The best you can do for her is accompany her to an urgent appointment with her solicitor to discuss the options available to her. If she fails to complete there will be serious financial implications and she needs to be fully aware before she makes her decision.

It may well be that the solicitors are able to carve up a deal so that the sale does not proceed but not without financial consequence I fear.

leftieM

I feel sorry for your neighbours - they made a mistake. Maybe they could approach the Housing Executive to see if they can get housing until they get sorted. I assume they wanted to buy another house but didn't get around to it?

happymummy24-7

they have no where to move to and they where moving into their sons for the mean time with furniture into storage etc i am trying to phone help the aged at the moment!

prudryden

Get them to check the medical records urgently. See if there is any comments by Doctors, Nurses etc about confusion, type of drugs he has to take. Often, after heart attacks, there is mental confusion. Certain drugs have an adverse affect on some mental facilities such as decision making.

See if their solicitor can get a hold put on the exchange, due to further investigation pending. Lot of ifs here, but I challenged a will recently and had to do all these things. Got probate held up for almost two years.