Charging Order? The myth

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  • eggbox
    eggbox Posts: 1,771 Forumite
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    I was going to suggest if your buyers want to buy the house so badly (which is seems they do) that you recommend THEY use the certain Solicitor?
  • Hi, can anyone please give me a name and phone number of a solicitor who can deal with the sale of my house, with a restriction? It doesn't matter where they are in the country. Thank's in advance!
  • Well to update my sale finally fell through even though the first time buyer was going to change his solicitor he spoke to 4 others in the area who said restrictions were such a grey area and after speaking to them it scared him even more and he pulled out. We are staying put now I can't deal with the stress anymore.

    All I would say is if your going to sell with restrictions you can research all you want and get a good solicitor on board your end it's the other end you have to worry about and have no control over. I even had an email from the. LR in Black and white confirming over reaching but this was still not sufficient as there is the potential for them to raise queries.

    If your going into this you must be prepared or in a position to pay these things off if you can get away with out paying it and everything drops then fab but it's not easy and we're 2k out of pocket in fees as we got to the last bit through everything and these sodding things stopped the lot !

    We will be looking full and final settlements before we try and sell again.

    Thanks to he advice provided on here and good luck to who ever is selling or thinking of selling
  • I'm so sorry to hear about the sale falling through. I'm trying to think of other options… say a cash buyer who couldn't care less about the restrictions… one that would be prepared to override his solicitor's advice… I dunno… I get so desperate… My creditor ( a neighbour) prevented me from selling by threatening my purchasers and I was just a couple of weeks away from completion. Now I'm stuck in limbo. I'm even less likely to find a buyer now that I have to let anyone know that my neighbour is a total piece of work… D45
  • And they say owning property is a good thing. It's just as well me and hubby are together we would have been screwed if getting divorced !
  • eggbox
    eggbox Posts: 1,771 Forumite
    First Anniversary First Post
    weimimamma

    Sorry to hear your sale has fell through :( but your cautionary tale for others is, as you say, to be aware that the buyers Solicitor is the main stumbling block? So sellers need to ensure all sides are on board before agreeing to pay out any fees.

    I can report other sellers are still managing to sell up without having to settle the Restrictions, prior to sale, but it is happening because of the assurance provided by the Solicitor being used?

    So anyone reading this who still wishes to use the Solicitor we recommend, please just send me a PM.
  • eggbox
    eggbox Posts: 1,771 Forumite
    First Anniversary First Post
    choochybaby69

    Have sent you details by PM
  • I called said solicitor and spoke to him last week he advised our solicitor was 100 per cent correct in his stance and advice to us and I did advise the estate agent if the position before we went on the market and was never secreative about anything but hit an obstructive solicitor the other end and as I say had no control over this aspect they just didn't have the guts in the end of send off the certificates. ��
  • eggbox
    eggbox Posts: 1,771 Forumite
    First Anniversary First Post
    The problem is that most Solicitors put covering their own asses first before the best interests of their client? They also don't take kindly to having there own job explained to them, either? So its an uphill task from the outset.

    And, whilst I know the fees will have hurt, you mustn't give up hope just because it hasn't worked out for you this time. And now this sale has fallen through you can, legitimately, give R a ring and discuss the problem and how to avoid it happening next time when he acts for you?
  • Thanks, eggbox and will do, it is much appreciated.
    Another question Is, what happens to the restriction if I die? I am married with 3 children and the restriction is in my name only, also in 2009 we were taken to court by solicitors trying to get permission to sell our house, very aggressively, but the judge said "no chance" and lowered the costs that had been incurred by a considerable sum (nearly £2000) can we sue the solicitors, if they should not have attempted this? Thanks again!
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