Buying house

Muzno1

I am currently buying a house, my solicitor has my 200k which I’m paying for the house. The deposit was paid on Tuesday 10k and my mortgage company transferred the 190k today. Which it all had to be paid by. I was meant to get my new house keys tomorrow which I have just been told I won’t be getting now. The reason for this is it has just been noticed that the guy selling me the house only owns half the house and his ex wife who has died owns the other half. Now I have been told it needs to go to court so his ex wife’s daughter can get half the house signed over to her before they then can sign both their half’s over to me. I’m not happy as this has left me with a mortgage that has started and 200k been handed over and im not getting the keys to my house. Where do I stand with this?

macman

You start with a call to your solicitor to establish how he has allowed you to exchange and (apparently) complete on a sale without ensuring that the vendor had sole title to sell it to you.
If the vendor has lied about his ownership, then you would be able to sue him for damages.
What is now crucial is whether you have completed or just exchanged.

paulinefromtheuk

I think you cn sue him for any costs incurred for the delay and any other consequential loses. Phone your useless solicitor tomorrow. The TR1 would have picked this up at an early stage, something fish IMHO.

Muzno1

My solicitor informed me that I had to have the deposit payed by today or I’d be due the seller fees for breach of contract.
As far as I know the missives are done.

G_M

Muzno1 wrote: »

My solicitor informed me that I had to have the deposit payed by today or I’d be due the seller fees for breach of contract.
As far as I know the missives are done.

So this is Scotland? Most comments have been based on English law.


"As far as I know" is a bit worrying. Why don't you know? Are they or aren't they!?

Muzno1

Yes they are as he told me I had to pay the deposit by today or I’d be liable to pay the seller costs.
Yes it’s in Scotland

Pixie5740

What is your solicitor advising? Has your solicitor confirmed that missives have been concluded?

davidmcn

Unless you've actually been told that missives have been concluded then I strongly suspect they haven't. In which case everyone will just need to twiddle their thumbs while the title gets sorted.

Your 200k hasn't been "handed over" - your solicitor still has it and can return it to you and your lender if there's going to be a significant delay (the mortgage funds will need to go back if there's more than a couple of day's delay anyway).

Cheeky_Monkey

Muzno1 wrote: »

I am currently buying a house, my solicitor has my 200k which I’m paying for the house. The deposit was paid on Tuesday 10k and my mortgage company transferred the 190k today. Which it all had to be paid by. I was meant to get my new house keys tomorrow which I have just been told I won’t be getting now. The reason for this is it has just been noticed that the guy selling me the house only owns half the house and his ex wife who has died owns the other half. Now I have been told it needs to go to court so his ex wife’s daughter can get half the house signed over to her before they then can sign both their half’s over to me. I’m not happy as this has left me with a mortgage that has started and 200k been handed over and im not getting the keys to my house. Where do I stand with this?

Your mortgage hasn't 'started' and it won't until you complete.