Estate agent fees

Rosesgirl

74jax said:

Rosesgirl said:

Yes I do realize that but it's something I'm weighing up. I'm not in a position to buy his share of the property. I've been advised by someone if he takes me to court the judge will probably look at the fact he has already been generously housed by been given a council flat (that's another story for another time) and the judge will not want to make me homeless when the other party has been housed and the judge will deny the sale and specify we will come back in such and such a date to review this situation.

Was this solicitor advice... That's certainly not the norm. 

Believe it or not it came from my brother whose a barrister ! criminal one mind though tbf 

[Deleted User]

Rosesgirl said:

74jax said:

Rosesgirl said:

Yes I do realize that but it's something I'm weighing up. I'm not in a position to buy his share of the property. I've been advised by someone if he takes me to court the judge will probably look at the fact he has already been generously housed by been given a council flat (that's another story for another time) and the judge will not want to make me homeless when the other party has been housed and the judge will deny the sale and specify we will come back in such and such a date to review this situation.

Was this solicitor advice... That's certainly not the norm. 

Believe it or not it came from my brother whose a barrister ! criminal one mind though tbf 

If he really is a barrister then he ought to know better than to give out such poor legal advice and it seems unlikely he has been involved in a s15 TOLATA case before.  

Your relationship is over. Stop dragging things out, get the property sold and move on with your life. 

pinkshoes

If you cannot afford to buy your ex out then just sell.

By refusing to sell all tou are doing is mounting up costs that will be deducted from your share.

Yes its annoying that he has secured a council property but life can be unfair sometimes.

Sell the property, take the money, and your ex is out of your life.

Then move on. You will not be homeless. Rent a studio. Rent a room in a shared house. Live with family. 

Rosesgirl

Yes unless it's a buy out of his share I realize I have no real recourse sadly to try and keep my roof over my head and trying to stay at the house is only kicking the can down the road. Interesting thing is even if I was in a situation I could consider buying his share I'm not sure it would even be the right thing to do for me but will I regret not exploring with family members if they could help me on the grand scheme of things it's not a massive amount to buy his share mid 30,000s certainly in terms of house prices let's just say I could buy his share for much less than a one bed flat in my area but thanks for the replies all definitely food for thought .

tdawber

If you think you can raise the cash to buy him out and if you are in a good property that you like and has lots of potential it may be worth staying for the long run. You need to compare pros and cons to what you have now and to what you would get if you sold and moved into a different house IMO.

[Deleted User]

Rosesgirl said:

Yes unless it's a buy out of his share I realize I have no real recourse sadly to try and keep my roof over my head and trying to stay at the house is only kicking the can down the road. Interesting thing is even if I was in a situation I could consider buying his share I'm not sure it would even be the right thing to do for me but will I regret not exploring with family members if they could help me on the grand scheme of things it's not a massive amount to buy his share mid 30,000s certainly in terms of house prices let's just say I could buy his share for much less than a one bed flat in my area but thanks for the replies all definitely food for thought .

No real recourse? Why is renting or staying with family not an option? You can’t be limited to just dragging out the ownership of this property or a cardboard box under a bridge. 

Titus_Wadd

Has the barrister brother got a spare room or money to part own his sister's house?

Rosesgirl

Titus_Wadd said:

Has the barrister brother got a spare room or money to part own his sister's house?

Buy the share my thoughts exactly but I didn't ask him he could have joined the dots for himself and I think clearly he's not wanting to make an investment which is disappointing considering I know he has a 2nd place in London he rents out and clearly can't be bothered with the hassle 

Tokmon

Rosesgirl said:

Yes we have accepted the offer and the buyer wants a legal commitment now but in retrospect I rushed in to deciding to sell because my ex wanted it but he's got a council flat and the reality is I'm having second thoughts and considering not giving my house up without a fight . I can't find the estate agents contract but I suspect if they have found a buyer they will want their fees. I don't have direct contact with the buyer so I can't communicate with him . I'm weighing up a solicitors bill but am frankly embarrassed to have to go directly to the estate agent to explain my position and if there will be fees to be paid .

You haven't rushed into anything, the relationship is over, you no longer live together and you can't afford to buy out your ex's share so the best option is to sell the house and move on. Fighting to stay in a house you can't afford will just cause stress for everyone for an extended period of time.

TBagpuss

Are you married? Assuming not, then if you drag your feet your ex can apply to court to force a sale and you could well end up being liable for all his court costs as well as your own - which could easily be upwards of £10,000 each.

If you are married then you may be able to reach a settlement where you have an unequal split but it will depend entirely on your  individual circumstances. 

IS there any likelihood of you being able to afford to buy your ex out in the foreseeable future? If so, then you might be able to negotiate with them to delay paying them out, but otherwise you probably need to focus on getting it sold and deciding where you are going to move to . 

as others have said, whether fees would be payable of you pull out will depend on the terms of the contract you signed with the agents,