Matrimonial Home Rights Order

The_Deep

Two days before my offer on a house was accepted in mid August, the vendor's wife placed a charge on the title deeds. The vendor would have been informed of this within five days by the Land Registry but never informed me. I only learned of this when I received a copy of the Register of Title last Friday.

The vendor completed a property information form on 5th October which I also received last Friday in which he declared that no-one had a claim over the property.

I have since spent over £1200 on surveys, searches, etc. this month which I would not have done if the vendor had informed me in a timely manner of this charge.

I have asked my solicitor to make enquiries as to the vendor's wife's intentions, but foresee delays in completion and the possibility of my buyer withdrawing.

Has anyone else been in a similar situation?

Thrugelmir

Let your solicitor do their job. Little point in worrying about something which may not be an issue.

G_M

The_Deep wrote: »

Two days before my offer on a house was accepted in mid August, the vendor's wife placed a charge

I received a copy of the Register of Title last Friday.

The vendor completed a property information form on 5th October which I also received last Friday in which he declared that no-one had a claim over the property.

So in August it is likely neither you nor the vendor knew of the wife's action.

Presumably that is when you stared incurring your costs: instructing your solicitor and surveyor and applying for your mortgage.

On 5th October the vendor completed the PIF. At issue is whether he knew, at that time, of his wife's action. He may or may not.

* If he did, he lied, and you may have cause for a claim for any costs you incurred after that date (I suspect most of your costs had alreay been incurred by then).

* If he did not, then he responded on the PIF to the best of his knowledge - which is always the case.

* so: can you prove he knew?

Last Friday your solicitor made you aware of the issue, so he was doing the job you are paying him to do.

The_Deep

So Thuglemir your advise is to stick my head in the sand. Thank you, but if you do not mind I wall pass..


GM thank you for your reply. Legally the vendor must be informed the Land registry within five days of the order being made. I do not know whether he was aware of his wife's intentions before this. I was only made aware of it last week.


I arranged a survey for 16 October and paid the search fees a few days before that date. Had the TA6 been sent to me as soon as it had been signed I would not have paid for either.


I am not saying he lied, (even if I suspect he did), he could have made a simple error, but they makes little difference, if he made an error completing the TA6, he is still legally liable for his answers.


I am no stranger to the SCC and that aspect of the transaction is not my main concern, my main worry is that this delays the move and I lose my buyer.


If this has happened to anyone here I would like to hear how it panned out.

The_Deep

The vendor knew about the HRN on 22nd August. I am taking him to SCC for misrepresentation. He wants to sue me for stress and possibly for breach of contract.

G_M

The_Deep wrote: »

The vendor knew about the HRN on 22nd August. I am taking him to SCC for misrepresentation. He wants to sue me for stress and possibly for breach of contract.

Let us know how you get on. What are you claiming? All your costs related to the purchase? Or those costs incurred after the date of the PIF? Or something else?

His counter-claim for stress will achive nothing. Can't comment on the breach of contract as it's not clear from what you've said what contract is involved or what he is claiming. Did you actually exchange contracts and then fail to Complete?

The_Deep

Update

I have issued a claim under the tort of negligence for £1200 for a structural survey and local searches. All costs were incurred some six weeks after the Land Registry informed him of Home Rights Notice..

He is counter claiming £1500 for Estate Agents' fees, legal expenses, and distress, presumably under Contract Law, but there are no contracts. For a dentist, he seems remarkably ignorant of the Law.

I have asked for his counter-claim to be struck out. I am also seriously considering asking for unreasonable conduct, (CPR27.14(2)(g), costs of several hundred more pounds for his hubris.

He has picked the wrong marine.

[Deleted User]

And you have now lost any chance of buying this house. You could have still bought the house as it was.., you don't seem to have waited to see what the implications of the charge actually would be on the sale.

Might win the battle, definitely lost the war.

unforeseen

Why would a dentist beany more conversant in law than your average person if ithe lw in question is not within his occupational area

nobblyned

Did you ever find out if the charge going to be paid from the proceeds of the sale, or just go straight for the nuclear option?

G_M

The_Deep wrote: »

Update

I have issued a claim under the tort of negligence for £1200 .......

For a dentist, he seems remarkably ignorant of the Law.

.

What bemuses me is why you are here. What makes you think that random weirdos on the internet like us would know more than a dentist?

And given you appear confidant and clued-up yourself, in what way do you think random weirdos on the internet like us could assist you?

Let us know how you get on though.