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

greatcrested

Since your solicitor is clearly not just 'slow' but disinterested or useless (or both) have you taken advice from another? Most will give 1/2 free for a quick opinion on what can/can't be done.

If you do that, have a very concise explanation ready - you've drip-fed info in this thread - don't do that or you'll use up your 1/2 hour! And have docments to hand ready if asked.

tsolrm

flossie1968 said:

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?

Why is their capacity relevant to them packing up their !!!!!! and getting out of the property? If they are capable of exchanging (which is the legal bit) surely they are capable of completing which is just logistics

davidmcn

tsolrm said:

flossie1968 said:

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?

Why is their capacity relevant to them packing up their !!!!!! and getting out of the property? If they are capable of exchanging (which is the legal bit) surely they are capable of completing which is just logistics

I presume they lost capacity between exchanging and completion. And I presume a notice to complete would mean the OP still wanting (and being in a position) to complete the purchase six years on.

flossie1968

tsolrm said:

flossie1968 said:

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?

Why is their capacity relevant to them packing up their !!!!!! and getting out of the property? If they are capable of exchanging (which is the legal bit) surely they are capable of completing which is just logistics

The seller just refuses to interact with solicitors, mental health experts (although a psychiatrist finally did issue a certificate of incapacity last year). He has been through various solicitors who said he was not fit to give instructions. In the meantime my deposit is still sitting in his solicitor's account. 

molerat

tsolrm said:

flossie1968 said:

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?

Why is their capacity relevant to them packing up their !!!!!! and getting out of the property? If they are capable of exchanging (which is the legal bit) surely they are capable of completing which is just logistics

And how would you enforce that on someone who lacks the capacity to understand.  The only way is through the courts and OP has been told they need to foot the bill for the sellers legal representation to do either that or rescind the contract.  Usual case of "the law" taking precedence over common sense and what is best for both parties.

tsolrm

flossie1968 said:

tsolrm said:

flossie1968 said:

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?

Why is their capacity relevant to them packing up their !!!!!! and getting out of the property? If they are capable of exchanging (which is the legal bit) surely they are capable of completing which is just logistics

The seller just refuses to interact with solicitors, mental health experts (although a psychiatrist finally did issue a certificate of incapacity last year). He has been through various solicitors who said he was not fit to give instructions. In the meantime my deposit is still sitting in his solicitor's account. 

But once the seller's solicitor has received the deposit - the property is yours? Mentally incapacitated or not - they are living at your property. Get them thrown the f out!

davidmcn

tsolrm said:

flossie1968 said:

tsolrm said:

flossie1968 said:

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?

Why is their capacity relevant to them packing up their !!!!!! and getting out of the property? If they are capable of exchanging (which is the legal bit) surely they are capable of completing which is just logistics

The seller just refuses to interact with solicitors, mental health experts (although a psychiatrist finally did issue a certificate of incapacity last year). He has been through various solicitors who said he was not fit to give instructions. In the meantime my deposit is still sitting in his solicitor's account. 

But once the seller's solicitor has received the deposit - the property is yours?

Wouldn't they have to pay the rest of the price?

tsolrm

molerat said:

tsolrm said:

flossie1968 said:

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?

Why is their capacity relevant to them packing up their !!!!!! and getting out of the property? If they are capable of exchanging (which is the legal bit) surely they are capable of completing which is just logistics

And how would you enforce that on someone who lacks the capacity to understand.  The only way is through the courts and OP has been told they need to foot the bill for the sellers legal representation to do either that or rescind the contract.  Usual case of "the law" taking precedence over common sense and what is best for both parties.

Very simple - get a locksmith, wait for them to leave the property - change the locks and when police show up - show them the contract. 

Tiglet2

Normally deposit monies sit with the buyer's solicitor (held to order) until day of completion when it is transferred to the seller's solicitor, along with the rest of the purchase monies needed to complete.  Did your solicitor send over the deposit monies, but not the remainder monies needed for the purchase?  Are you absolutely sure that your solicitor is not holding the deposit monies in their Client Account?

davidmcn

tsolrm said:

molerat said:

tsolrm said:

flossie1968 said:

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?

Why is their capacity relevant to them packing up their !!!!!! and getting out of the property? If they are capable of exchanging (which is the legal bit) surely they are capable of completing which is just logistics

And how would you enforce that on someone who lacks the capacity to understand.  The only way is through the courts and OP has been told they need to foot the bill for the sellers legal representation to do either that or rescind the contract.  Usual case of "the law" taking precedence over common sense and what is best for both parties.

Very simple - get a locksmith, wait for them to leave the property - change the locks and when police show up - show them the contract. 

A contract is not evidence that you own a property, and shouldn't be regarded by the police as authority to evict the occupier.