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

teachfast

flossie1968 said:

Jude57 said:

I'd also question what the OP's litigation solicitor has been doing all this time. This is surely a highly unusual situation that most solicitors will never encounter in their entire careers, and if the litigation solicitor wasn't clear on the law, they should have sought Counsel's opinion, which would have set out next steps. Was this done OP? If not, why not? You can seek Counsel's opinion yourself through the direct access scheme, see council.org.uk direct access portal to find a specialist property barrister to help you. It's not going to be cheap, but surely worth it to get this resolved and recoup your £50,000.

I'd also be lodging a formal complaint with the solicitor who, unless there is a lot more to this than we currently know, has allowed this to drag on for an unconscionable time. I take it, OP, that you have been chasing them up regularly?

That;s a good shout in looking for a specialist property barrister. My original solicitor's firm went under two years ago which is how I have ended up with this one. And yes, having pestered the solicitor on a fortnightly basis for news and updates, I will be putting a complaint in at the end of this all. It's been totally unacceptable.

Yet pretty standard for solicitors. 

babyblade41

First this sounds horrendus  and no way should you still be fighting this 6 years on.

Find someone who is an expert in property law and even if it does cost for the consultation it will be well worth it .

Apart from getting your deposit back I'm pretty sure you will be in line to recover your costs incurred on this plus some .

Please get some proper professional advice who isn't involved in this. Have everything that's happened set out as bullet points in chronological order  and costs involved .

Solicitors don't want waffle and  if It isn't concise you will waste time and money , you need to get back what costs you have incurred.   IF  there is a house there's an asset .

I presume there were no charges on the house that had to be settled during the conveyancing 

macman

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?

But to do that, the OP would have to first cough up another £450k to make up the full purchase price?

macman

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? Mentally incapacitated or not - they are living at your property. Get them thrown the f out!

You are forgetting that you have no right to occupy until completion has taken place.

macman

Instruct current solicitor (in writing) to execute the rescinding of the contract within 14 days, or that you will dispense with his services, engage another (competent) solicitor to take over the work, and look at the possibility of sueing current solicitor for negligence, and report him to the Law Society, the SRA, and the Legal Ombudsman. That might focus his mind on your issue rather more strongly.

If no satisfactory response, go ahead and follow through. Don't try and do this yourself, the stakes really are too high.

SuperHung

Crazy situation, my mind has blown. What else happened during the last 6 years? Are you still renting the same place at £500 a week?

flossie1968

SuperHung said:

Crazy situation, my mind has blown. What else happened during the last 6 years? Are you still renting the same place at £500 a week?

No I did that for three months in the hope the seller would complete after serving a notice to complete. He didn't. I then had to rent for five years until i bought a lodge on the beach. Well, it's a caravan really but we don't say the C word.....

flossie1968

macman said:

Instruct current solicitor (in writing) to execute the rescinding of the contract within 14 days, or that you will dispense with his services, engage another (competent) solicitor to take over the work, and look at the possibility of sueing current solicitor for negligence, and report him to the Law Society, the SRA, and the Legal Ombudsman. That might focus his mind on your issue rather more strongly.

If no satisfactory response, go ahead and follow through. Don't try and do this yourself, the stakes really are too high.

Thank you MacMan, that's a good shout. I am hoping my strong words this morning may have focused his mind on my issue. 

macman

Hopefully, but with matters of this magnitude you really ought to be putting everything in writing.

Solicitors are happy to send LBA's, but they really don't like receiving them...