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Seller took out a personal loan for home improvements, can I be held liable?

The seller of the house I'm in the process of purchasing has a personal loan of around £15k which was taken out for home improvements. I believe it was for fitted wardrobes, a conservatory roof replacement and possibly a new boiler.

The seller/seller's solicitor are saying that the personal loan is not secured against the property and that there's no charge against the title.

My solicitor is insisting that it's paid off fully by the seller before completion. Says I can proceed but is strongly advising against it; that I could end up with a CCJ in my name or bailiffs seizing said items. They also said that they're going to report it to my lender if I wish to proceed.

There was a thread posted a couple of years back where someone had a similar issue, but my solicitor is giving the complete opposite advice.

https://forums.moneysavingexpert.com/discussion/6266769/previous-home-owner-not-paid-for-kitchen-now-i-own-the-property-am-i-liable/p1
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Comments

  • user1977
    user1977 Posts: 13,324
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    Feel free to point your solicitor at the previous thread and ask them to explain their advice with appropriate citations...
  • chanz4
    chanz4 Posts: 10,849
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    I would get a new solicitor
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • Mark_d
    Mark_d Posts: 283
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    The loan not being secured against the property means that your house can't be repossessed.  However it is possible that if the loan is not repaid, the lender could seek to remove the fitted wardrobes, boiler etc.
  • Hoenir
    Hoenir Posts: 1,215
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    As it's a personal loan that's not secured against the property. How did you become aware that it existed and what the money was spent on. Somewhat unusual. 
  • GDB2222
    GDB2222 Posts: 24,330
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    edited 13 November 2023 at 3:01PM
    user1977 said:
    Mark_d said:

    However it is possible that if the loan is not repaid, the lender could seek to remove the fitted wardrobes, boiler etc.
    No, that isn't possible. Have you ever seen someone try to "repossess" double glazing etc? It becomes part of the property.
    If say the boiler is under a hire purchase agreement, are you saying that the HP company can't get its boiler back because it has been attached to the property? Well, you are saying that, and for all I know you may be right!

    However, I would not suggest to the OP that they disregard the carefully considered advice of their solicitor in favour of advice from some anonymous bloke on the internet. :)
    No reliance should be placed on the above! Absolutely none, do you hear?
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