Help woth trying to buy house from divorcing couple !

Jazz0105

Hi,
I'm a newbie so I hope I'm posting this in the right place !

We have seen a house we absolutely love, have been round 3 times and made an offer. The couple are divorcing. The lady is still living there and is desperate to move and she has accepted our offer. She's gone back to him and he's said for £10K more and you have a deal. We won't go to that but have asked whether he'll meet us half way £5K (this still puts it £12500 below asking price I think its overpriced) but he's refused when the wife rang, she is so desperate to move that she is prepared to pay him the difference and accept our offer. I wondering whether anyone can see any potential problems with this deal?

Secondly the lady has said that she sold the house a over year ago and he scuppered the sale as he didnt want the divorce, she says she's 100% sure he will sell this time but what safe guards can we put in place to protect ourselves before we get the ball rolling? Can we insist he signs some agreement to sell before we start shelling out on surveys and solicitors?

It is on with an estate agent but so far have been dealing with the lady direct, she hasnt had any other viewings as it hasnt been on long. We will be letting them know !

We're first time buyers so pretty clueless

Thank you for your help

hawk30

You might get more replies if you post on the main housing board.

You cannot safeguard your position - until contracts are exchanged either party can walk away. So this means that you risk paying out for surveys and solicitors fees and then him refusing to sell. I would walk away from this one - far too difficult, especially as you are ftbs.

ticktack_2

Jazz0105 wrote: »

Can we insist he signs some agreement to sell before we start shelling out on surveys and solicitors?

It wouldn't be valid. Until contracts are exchanged either party can back out.

Look for another house. You could get all the way up to the point of exchange, with all the costs that involves, and then lose the property. He has form, having wrecked a sale before. You say the woman is desperate, do you want to join her and be desperate too?

geoffky

They are in no position to be dictating price ..tell them what you will pay and walk away and wait and wait..they will be back.

Iris_Blue

I'm going to say the opposite and say go for it.

I bought my house in July from a divorcing couple. The way I saw is is that there was no going back and they wanted an end to it all. We met her first and could see how distraught she was about it all, he had left the house but still owned it and he now had another woman, so we felt that we was safe.

You have the will they wont they pull out situation with any house that you go after. This house is still on the market a year after he messed up the sale so they still want to sell it. Play it by ear with the money , everyone tries to play games to get a better deal. Offer a final price ( subject to valuation ) and say that you will walk away and see what they come back with.

Jazz0105

WOW Thank you for all your feedback,

Its really difficult because this is just the house for us, lets just say there aren't that many of these around at a price we can afford anyway. It wouldnt be that easy to find another.

To be honest the lady has been open and honest from the start, she didnt really have to tell me about the sale that he scuppered last year and she does seem sure that he will go through with it this time. But it is a risk, if we can't protect ourselves from the outset we may have to rethink

DVardysShadow

Iris_Blue wrote: »

I'm going to say the opposite and say go for it.

I bought my house in July from a divorcing couple. The way I saw is is that there was no going back and they wanted an end to it all. We met her first and could see how distraught she was about it all, he had left the house but still owned it and he now had another woman, so we felt that we was safe.

Obviously that assessment worked for you.

But in this case, although it looks like the wife wants to close things, the man looks to be a problem. For divorcing couples often the sale of the house marks the closing act - and it is the last chance to cause the other one a problem - even at the expense of innocent buyers.

ticktack_2

DVardysShadow wrote: »

Obviously that assessment worked for you.

But in this case, although it looks like the wife wants to close things, the man looks to be a problem. For divorcing couples often the sale of the house marks the closing act - and it is the last chance to cause the other one more problem - even at the expense of innocent buyers.

I largely agree with what you say about the closing act, although to be fair to the ex, he also may genuinely not be able to afford to accept the OP's offer. Add that to his reluctance to end the relationship, and the scene is set for trouble.

DesG

You could ask the wife to pay for your costs up front to be refunded after completion explaining that you don't want to risk proceeding as the Husband has form?


See how sure she is of him proceeding this time

Cheers, Des.