My seller pulled out the night before completion and six years on I am trying to rescind contract

davidmcn

flossie1968 said:

AdrianC said:

I hope there isn't an attempt to claim for 6yrs of £500/wk holiday accommodation...

So you were buying, deposit was paid at exchange... completion never happened because of a critical mental health crisis outside the vendor's control.

I presume the deposit has (long since!) repaid?
This isn't an attempt for specific performance of the contract - to force completion...?

I tried to sue the seller for breach of contract but he doesn;t have capacity 

Not sure why that ought to affect the question of whether or not he's in breach of contract.

flossie1968

davidmcn said:

flossie1968 said:

AdrianC said:

I hope there isn't an attempt to claim for 6yrs of £500/wk holiday accommodation...

So you were buying, deposit was paid at exchange... completion never happened because of a critical mental health crisis outside the vendor's control.

I presume the deposit has (long since!) repaid?
This isn't an attempt for specific performance of the contract - to force completion...?

I tried to sue the seller for breach of contract but he doesn;t have capacity 

Not sure why that ought to affect the question of whether or not he's in breach of contract.

The Official Solicitor and Public Trustee said because he didn;t have capacity they would represent him if I underwrote their costs. And I simply cannot afford to do that

greatcrested

davidmcn said:

flossie1968 said:

AdrianC said:

I hope there isn't an attempt to claim for 6yrs of £500/wk holiday accommodation...

So you were buying, deposit was paid at exchange... completion never happened because of a critical mental health crisis outside the vendor's control.

I presume the deposit has (long since!) repaid?
This isn't an attempt for specific performance of the contract - to force completion...?

I tried to sue the seller for breach of contract but he doesn;t have capacity 

Not sure why that ought to affect the question of whether or not he's in breach of contract.

If he does not have capacity I assume he cannot defend, so requires representation to protect his interests?

If there's no POA, hence the Official Receiver, though should that not be Public Guardian?

OP, surely ifyou initially pay the defendant's legal costs, can you not claim them back when you win in court?

flossie1968

greatcrested said:

davidmcn said:

flossie1968 said:

AdrianC said:

I hope there isn't an attempt to claim for 6yrs of £500/wk holiday accommodation...

So you were buying, deposit was paid at exchange... completion never happened because of a critical mental health crisis outside the vendor's control.

I presume the deposit has (long since!) repaid?
This isn't an attempt for specific performance of the contract - to force completion...?

I tried to sue the seller for breach of contract but he doesn;t have capacity 

Not sure why that ought to affect the question of whether or not he's in breach of contract.

If he does not have capacity I assume he cannot defend, so requires representation to protect his interests?

If there's no POA, hence the Official Receiver, though should that not be Public Guardian?

OP, surely ifyou initially pay the defendant's legal costs, can you not claim them back when you win in court?

I could but the whole process has made me ill and I just want to draw a line under it now, rescind the contract and get my deposit back so I can start living again.....

tsolrm

I am really confused - why do you still not have your deposit back after 6 years?

molerat

tsolrm said:

I am really confused - why do you still not have your deposit back after 6 years?

Because they are still contracted to buy the property.  I suspect in a normal situation both sides could agree to call it quits but in this case the seller lacks the capacity to do this and no one has the right to do it for them. The usual case of the legal profession tying itself in knots over what can legally be done instead of what is obviously best for both sides - and no doubt charging handsomely for doing nothing.

tsolrm

molerat said:

tsolrm said:

I am really confused - why do you still not have your deposit back after 6 years?

Because they are still contracted to buy the property.  I suspect in a normal situation both sides could agree to call it quits but in this case the seller lacks the capacity to do this and no one has the right to do it for them. The usual case of the legal profession tying itself in knots over what can legally be done instead of what is obviously best for both sides - and no doubt charging handsomely for doing nothing.

Yes so isn't this a case of serving notice of completion and then the property is legally yours? At which point whoever is living there is a squatter?

flossie1968

tsolrm said:

I am really confused - why do you still not have your deposit back after 6 years?

Because the seller's solicitors say that without a court order I can't get it back....it's unbelievable I know...

tsolrm

flossie1968 said:

tsolrm said:

I am really confused - why do you still not have your deposit back after 6 years?

Because the seller's solicitors say that without a court order I can't get it back....it's unbelievable I know...

It does seem a little unbelievable to be honest

flossie1968

tsolrm said:

molerat said:

tsolrm said:

I am really confused - why do you still not have your deposit back after 6 years?

Because they are still contracted to buy the property.  I suspect in a normal situation both sides could agree to call it quits but in this case the seller lacks the capacity to do this and no one has the right to do it for them. The usual case of the legal profession tying itself in knots over what can legally be done instead of what is obviously best for both sides - and no doubt charging handsomely for doing nothing.

Yes so isn't this a case of serving notice of completion and then the property is legally yours? At which point whoever is living there is a squatter?

It all hinges on the seller's capacity. And he hasn't got capacity. I just wondered if there was a templated letter I could send to the seller's solicitor to rescind the contract?