Agents valuations.

princeofpounds

They should jointly instruct a RICS surveyor for a valuation, and agree beforehand to form a settlement around that. She can even agree to pay that fee as a gesture of goodwill.

He is probably right when it comes to the value of the furniture - as stated it's probably worth less than that - and to be honest she should probably try to get a settlement rather than worry about the odd 2k here or there.

If the survey is not acceptable as a basis for settlement, then she should reject his offer as unacceptable and insist on marketing the entire property, so they can both find a true market value over which there can be no argument, split the equity and move on with their lives.

If he refuses, then she can threaten to seek an order for sale in court, with the risk of him bearing the court costs for refusing a reasonable settlement. This may have extra impact coming from a solicitor, if she can spare the money.

theoretica

I agree -estate agents are not the right people to be doing this valuation.  They (or she) should pay a proper surveyor, and ask for both valuations - the standard one, and what the discount for needing a fast sale would be.

Angela_D_3

At this stage you are now gathering evidence to show a judge.   She writes to him - email will do - offers to get the independant valuation done.   Give him 7 days to agree.  7 days later she books the valuation - sends him his copy of the bill, asks for half, doesn't matter if he pays it or not.   She gets the valuation done - the surveyor will not care what either party says they have to put their name to it so it will be independant.   If none of that is agreeable to him or his therapist solicitors become involved.  One warning shot then off to court.   The longer she leaves it the weaker her position, she's aqueisked to him living there and paying half his bills.  It may take a year but the court will set a minimum sale price, will also order him to pay half the mortgage and if he doesn't the money will come out of his share of the proceeds.

moneysavinghero

Why is she paying 50% of his bills?. Mortgage and buildings insurance should be the only things she needs to be paying towards.

NameUnavailable

Where do people think the RICS surveyors get their valuations from?

When I was an agent we would regularly get them popping in after seeing a property nearby and asking our advice on value. But yes, with the letters after the name it will be taken as an 'official' valuation for legal purposes.

1 - daughter makes an offer based on her valuations. If he refuses

2 - pay for a surveyors valuation - this will be in theory what a mortgage co would get to check before lending on a property so is probably the fairest outcome

3 - daughter forces a sale and proceeds are split.

Artyboo

Thanks to everyone for your helpful advice.
It took another 18 months but he finally paid my daughter for her share, though it was a lot less than she'd ploughed into buying the property. We realise now that he was a control freak and he could still control of her future while he owed her money. Now she can start a new life.

EssexHebridean

Thanks for the update OP - good luck for your daughter in moving on.