Buying from divorced couple... She is not happy!

CharlotteElkes

We are FTB and have found a house that we like and it is for sale as part of a divorce settlement. The wife is still living in the property and doesn't want to sell but has no choice. Since arranging a second viewing she has been making things slightly awkward, e.g. She wasn't there and we couldn't go into the property. The estate agent has informed me that it is the husband that instructed them and it has been agreed that she will get a set amount from the sale of the house regardless of the price it sells for and it is his decision on what offers get accepted. It has made us quite wary as we suspect that she may prolong the process as she doesn't want to go. It is advertised as no chain. Can you include when making an offer "subject to exchange of contracts within 10 weeks" for example? I know you can say subject to satisfactory survey and valuation but can you stipulate a time period for exchanging also?

dc197

You can make that stipulation in your offer, yes. But what are you going to do when the deadline passes without exchange due to their faffing?
What are you going to do if that deadline passes without exchange due to your faffing?
Are you going to pull out, or is it an empty threat?

Sounds like a nightmare already.

Pixie5740

Don't walk away.....RUN!

You can make any kind of stipulations you like when you make an offer but nothing is legally binding until you exchange contracts. If she isn't happy about the sale then she could drag this on and on and on and on. It's a hassle you don't really need as you risk shelling out for a solicitor and surveys and ending up with diddly squat.

marksoton

Don't walk away.Run.

Unless you want your first property purchase to be a very painful one.

CharlotteElkes

We are in love with the house and the estate agent has said it is all in the divorce settlement and she cannot contest it or hold it up but I'm just not sure. We have got another viewing arranged

moneyistooshorttomention

I guess it depends somewhat on your own personal circumstances.

If its "not a lot" of skin off your nose (eg you are both living with parents currently) then you can afford to contemplate her playing silly b&ggers to some extent and drawing things out unnecessarily. If you are paying rent, on the other hand, then I guess its a bit different - as she could waste your money for you by causing you to spend out more rent money than necessary.

If it was a case of not paying rent whilst you wait anyway - then I'd be inclined to "run with it" myself and tell her husband/the EA that you were offering a certain amount for the place subject to her having left by x date. If things hadn't got to Contracts Exchanged status by said (reasonable) x date - then the price you would be paying would be correspondingly reduced.

That way - the ball is in hubby/EA's court to deal with the situation and ensure it progresses according to plan.

Well - that's the sort of lines I personally would probably go along in that situation....

paddedjohn

If it was me trying to buy then I would call round and have a conversation with the wife and ask her what her plans are and if she would be trying to hold up proceedings, if she doesn't want to move then I'd np be looking elsewhere to buy.

paddedjohn

CharlotteElkes wrote: »

We are in love with the house and the estate agent has said it is all in the divorce settlement and she cannot contest it or hold it up but I'm just not sure. We have got another viewing arranged

The agent will say whatever they want to get you interested, they aren't solicitors so won't know for sure what the wife's position is.

marksoton

CharlotteElkes wrote: »

We are in love with the house and the estate agent has said it is all in the divorce settlement and she cannot contest it or hold it up but I'm just not sure. We have got another viewing arranged

The EA is talking rubbish.

Until you get vacant possession your lender may well not release funds anyway.

[Deleted User]

Be wary that she isn’t going to ‘do something’ to the property to decrease its value to get back at the husband especially as she gets a stipulated amount from the sale regardless of what he sells it for. Hell hath no fury like a woman scorned, and all that...

rhino_horn

We tried to buy a house from a divorcing couple, she was an alcoholic as well which didn't help.

Long and short of it was... she refused to look at other properties to move into, we paid out for survey etc... but after two months of absolutely nothing happening, we decided to walk away. Annoyingly we were the second lot of buyers to pull out.

I think she's still there...3.5 years on!