Buying house with court order to sell

CHNJ125

Hello all,

First ever post! Looking for some advice on our situation.

We are buying a house from vendors who are splitting up. Basically one of them needs to sell so they can purchase a new place, whereas the other one is still living in the house and clearly more reluctant about the sale. We've been told the house was on sale last year and an offer was accepted but the whole sale fell through because of the one stalling the process.

We know this time around the vendor who wants the sale has got a court order that the house must be sold. We've had our offer accepted and told by the EA that the vendor currently in the property is actively searching for a new house to purchase.

We've initially instructed our solicitors but requested them not to do anything until the chain is complete. However we went for another viewing today and the EA there told us the vendor is considering the option of rented accommodation, but they wouldn't be able to find them a place until we are nearer completion.

So, our question is do we instruct our solicitors to begin or continue to wait? I've always had it in my head that we definitely wait until the chain is complete, however in this case that may work against us if they do opt for rented, plus if they are purposely stalling the process then it may possibly put pressure on them if our solicitors do start their work (as much as I hate to put it like that), especially since they have a court order to sell regardless.

Just wondering if anyone has any opinion on this or has any experience in this situation before?

Thank you

pinkteapot

That’s a hard one… The EA is right that someone going into rented can’t look for properties till near completion - the rental market just moves too fast for that. So, when you proceed with a vendor going into rented you just have to trust that they will actually do so. 

I would only go ahead with this if there’s really nothing better out there. Is it unique or cheap for what it is?

GDB2222

I would start off by insisting on sight of the court order. If not by you personally, then by your solicitor.  

If your solicitor is satisfied with the order, then I can’t see any reason to hold off. Your solicitor ca Give you an idea of timescale. For example, the order may require a sale within a year, in which case that’s not very helpful. Or, it may have a much shorter period.

The general view is to steer clear of divorcing couples, but this might possibly be okay. Just be circumspect.

Section62

GDB2222 said:

I would start off by insisting on sight of the court order. If not by you personally, then by your solicitor.  

If your solicitor is satisfied with the order, then I can’t see any reason to hold off. Your solicitor ca Give you an idea of timescale. For example, the order may require a sale within a year, in which case that’s not very helpful. Or, it may have a much shorter period.

The general view is to steer clear of divorcing couples, but this might possibly be okay. Just be circumspect.

This^.

Non-compliance with a court order is a very serious matter, and assuming the individual involved had a solicitor, they should have been advised in very clear terms what might happen if they deliberately obstruct the sale.

So if the order specifies a relatively short timescale then as a buyer you may be better off than you would be with a conventional chain.  However, if the order is for a longer period then the individual may be tempted to play games until much closer to the deadline.

You may not be allowed to see the order in full, but the vendor's solicitor should be able to give a summary of the terms relevant to the sale process and timing.

Thrugelmir

When purchasing any property you'll always run the risk of the transaction falling apart. Splitting up a shared home can be extremely complex. Been there myself. Getting everything to fall into place isn't easy. 

CHNJ125

Thank you all, I will look into finding the court order and decide from there what to do, like you say depending on the timescale.