Chance of success of court order to force sale ?

griff450

steampowered wrote: »

The thing to do would be for your solicitor to write to the daughter stating your offer, and explaining how it was calculated (maybe attaching the market valuations).

You could say in the letter that you feel the offer is fair, but are happy to discuss it or attend mediation.

Once you've put that in writing, that's all you can really do. It is then up to the daughter/father to respond.

This has been done, so it's not a waiting game as you say

Thrugelmir

griff450 wrote: »

There in lies a stalemate as to if they don't sell to me , but I don't want to sell on the open market as I feel I have made a reasonable offer (which I have pointed out is more than open to negotiation) who would a judge go with?

Has your solicitor advised you of the potential costs of a court case. If not, I would recommend you have a conversation sooner rather than later.

A reasonable offer is subjective. Your ex would not be deemed to be a property expert. Therefore perhaps better that the market decides. Then there's complete transparency.

There's nothing to stop you buying the property on the open market.

griff450

Thrugelmir wrote: »

Has your solicitor advised you of the potential costs of a court case. If not, I would recommend you have a conversation sooner rather than later.

A reasonable offer is subjective. Your ex would not be deemed to be a property expert. Therefore perhaps better that the market decides. Then there's complete transparency.

There's nothing to stop you buying the property on the open market.

Yes , and she has told me it would be very expensive and that I COULD be liable for her fees.
General advice if it was to go this far would be to sell.

If I were to buy on the open market then would have the fees on the sale that I'm eager to avoid ! And if they didn't want to sell to me could simply refuse the offer, there is a limit to my funds as well where as much as I want the property, I'm not going to shoot myself in the foot over it

FBaby

It sounds like you don't have many options. They don't want to sale but are prepare to put on the market. Your only option is to fight them in court which will cost you a lot of money with no guarantee to get your way.

Do you want the house that desperately that you would be prepared to take the risk? What's so special about the house (but that you can get it cheap, which would then maybe indicate that your offer is not that fair after all).

steampowered

I don't think you need to worry about court costs just yet.

Your ex hasn't even appointed a solicitor. And it is your ex that would need to start court action if she wants to get anything back.

If your ex does appoint a solicitor, and their solicitor starts threatening court action, that is the time to start looking at the cost of going to court more seriously. Until then, just a waiting game.

griff450

FBaby wrote: »

It sounds like you don't have many options. They don't want to sale but are prepare to put on the market. Your only option is to fight them in court which will cost you a lot of money with no guarantee to get your way.

Do you want the house that desperately that you would be prepared to take the risk? What's so special about the house (but that you can get it cheap, which would then maybe indicate that your offer is not that fair after all).

Emotional connection , lack of available property's in the area , the prospect of months of searching and then paying a lot of stamp duty for a 3rd time!

griff450

steampowered wrote: »

I don't think you need to worry about court costs just yet.

Your ex hasn't even appointed a solicitor. And it is your ex that would need to start court action if she wants to get anything back.

If your ex does appoint a solicitor, and their solicitor starts threatening court action, that is the time to start looking at the cost of going to court more seriously. Until then, just a waiting game.

But does nature of this action have to go via a solicitor? Or could it be auctioned without, i.e. the father

Thrugelmir

griff450 wrote: »

And if they didn't want to sell to me could simply refuse the offer, there is a limit to my funds as well where as much as I want the property, I'm not going to shoot myself in the foot over it

Suggests that the value of the property is more than you are willing to pay. If you are the highest bidder then what's the issue.

Being intransigent wouldn't be helpful. As a court isn't the place for arbitration to take place between warring partners. A Judge may not be best pleased to spend their valuable time doing so.

gettingtheresometime

When you say emotional connection what do you mean by that?

Bust a gut to do the place up isn't really an emotional connection....by that definition your ex's father could argue that point.

Is the ex paying her share of the mortgage?

My best advice is to find out how much it would have cost you to do the renovations & factor in half

AnotherJoe

griff450 wrote: »

Emotional connection , lack of available property's in the area , the prospect of months of searching and then paying a lot of stamp duty for a 3rd time!

But you've said you are planning to sell it !