Third Party in Asia comes forward to 'Claim on the Land' so now purchase is off?

FrankFalcon

Hi all

Just looking for a bit of advice for my niece here.  She's so upset that her first/dream home purchase has fallen through.  

Firstly please allow me to tell all readers that anything I write here is hearsay and anecdotal.  It is what my Niece has told my Brother, who then told me.  Therefore, it is possible that I am saying here is not true or factually correct, but the basics.,, I think are correct.

Basically, my Niece was 6 weeks into the purchase of the house and she is so upset that it has been "Called Off".  My brother literally said this to me "They were a long way into the sale and they've received noticed that a woman who lives in India has made claim to the land".  I said I don't understand and my brother told me "Apparently, she says her name is on the deeds".  So, I am sure my Brother is probably mistaken, but I'm baffled at would 'could' the scenario here?  Is it possible that Mrs Bloggs from this country, UK, or any other country can 'claim that their name is on the deeds'?  Is this a thing? Are there scams based on this? Is it possible any person can simply claim on the deeds of a house?  Whilst I admit that my information here is sketchy, I hereby ask you guys what you guess the problem could be.  I just want to understand it for myself, so I know where to start looking for advice and further assistance.  My Brother is talking of suing the seller or any of the both sides solicitors if his Daughter loses the money she has already paid on 'fees'.  What's your guess guys and the legalities of your guess?

Thanks all.

born_again

She needs to talk to her solicitor who should have the facts & advise on the way forward.

Brie

There's been a lot in the press recently about some in Eastern Europe getting wills done that show they inherit property in the UK likely by scamming elderly individuals or forging their signatures perhaps.  No reason why it might be restricted to someone in Romania or wherever, it could just as easily be India or the US.  It's even possible that those who were selling didn't even know about a will or have somehow been scammed themselves.  So suing anyone is unlikely to be successful.  In my opinion as I'm not a legal eagle.

user1977

Bottom line is that if the seller isn't proceeding (whether because of a good reason or because of a change in the weather) then the buyer can't recover their costs, assuming they had not reached the stage of exchanging contracts.

But not much point in us speculating further based on Chinese/other Asian whispers...if your niece wants our advice she can post here herself.

FrankFalcon

I appreciate that the best way forward is solicitors, and I will advise him accordingly.  I was just intrigued myself and if possible wanted to help him/them any way I could.  Don't worry, he would not walk into this without taking professional legal advice.
Thank you

elsien

She has no chance of making a claim against anyone for any fees already paid out. And your brother has even less chance given that he is not the customer and doesn’t have any direct relationship with any of the solicitors. 

With any property that you buy there is always the risk that things will change or the seller will pull out for some reason, and then the money that you have already paid out for surveys, et cetera is gone. There is no redress for that whatever the reason is that the sale does not continue. 

mebu60

As @born_again says, your niece needs get the facts and options from her conveyancer.

Either party, buyer or seller, can withdraw prior to exchange for any reason or none so your brother won't be suing anyone. Hopefully your niece had 'no sale no fee' arrangements in place so if this purchase falls through it will only be agreed disbursements that she's lost.  

FrankFalcon

user1977 said:

Bottom line is that if the seller isn't proceeding (whether because of a good reason or because of a change in the weather) then the buyer can't recover their costs, assuming they had not reached the stage of exchanging contracts.

But not much point in us speculating further based on Chinese/other Asian whispers...if your niece wants our advice she can post here herself.

I appreciate your comments here and I take on board your point regarding Whispers etc.  However, I made that clear at the very start of the post.  However, my Niece hasn't got an account here as she's not very computer literate, which is why I posted this...for myself.  I thank you for words and am satisfied with everything you have to say and need no further information from you.

MyRealNameToo

Presumably the property is in the UK?

Do you know the background of the house being put up for sale? Eg is the occupiers simply moving home, is it following the owners death, vacant for decades with someone who claimed adverse possession?

Have you checked the deeds to see if they match the name of the seller? 

Agree with others, your conveyancer is a much better source of opinion given they have both the full story, what the claim is and what their recommendations are.  There are certainly scenarios where there is more likely to be problems like in the case of a death of the owner before probate has been granted as there can be both legitimate and fraudulent challenges on the proposed distribution of the estate. 

Slinky

Could it be that this property is jointly owned by a couple who have split up and the wife has moved/returned to India and has discovered her (ex) husband is trying to sell the house without her knowledge?

lfc321

It’s quite plausible that someone might be a part-owner of the property and therefore their agreement would be needed for the sale. If they don’t agree to the sale,  the other part owners wouldn’t be able to proceed. It’s not relevant whether the person is in India, or anywhere else. 

As others have said, there’s not much likelihood of any recourse. If her solicitor says that the purchase can’t proceed, your niece would be best just moving on and looking for another property. That happens all the time, unfortunately.