Tried to sell me a house with a charge against it...
Tried to sell me a house with a charge against it...
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Brummmie

Original Poster:

5,284 posts

251 months

Friday 4th April 2014
quotequote all
Back in October i offered on a house, i had the offer accepted provided i could complete before Xmas, We pulled out all the stops and we could complete 1st week in Jan...
When my solicitor tried to push the "buy it now" button, a charge for HALF of the property popped up.
The person who has the charge against it is at her Majesty's pleasure to the tune of 8 years!!!
In my eyes the vendor was trying to escape with his share of the loot, but it backfired.
The vendor his been to his place of fixed abode, and allegedly agreed terms and conditions to settle the charge, but this was weeks ago, and the vendor is no longer communicating with the estate agent and seems to have lost all interest in finishing the sale.
I will be liable costs for solicitors, searches, valuations etc, surely someone else should be answerable to this, and i can claim some of my costs back?

southendpier

6,223 posts

259 months

Friday 4th April 2014
quotequote all
Doesn't the other sides solicitor need to clear the charge when you transfer funds? Meaning the parties that own debt against the propety get paid and any resulting profit is paid as cash to individuals.

Cliftonite

8,751 posts

168 months

Friday 4th April 2014
quotequote all
Smartarse reply: But you failed in your part of the bargain to complete before Christmas!

Possibly helpful reply: IANAL but, should your solicitor not have obtained Office Copies from the Land Registry quite early on, when a Charge, or additional Owners would have shown up? If so, there is blame and a claim should therefore follow in the hallowed traditions of the 21st Century?

smile


Brummmie

Original Poster:

5,284 posts

251 months

Friday 4th April 2014
quotequote all
southendpier said:
Doesn't the other sides solicitor need to clear the charge when you transfer funds? Meaning the parties that own debt against the propety get paid and any resulting profit is paid as cash to individuals.
The party that has the charge against it is doing 8 years, so communication is a little restricted..

We were told she owned it outright with no chain, we have no chain as we are renting out our current home, tennants were lined up, but they have had enough and rented elsewhere.
And yes, should you not "HPi" a house to start with?
Who should have done this, and at what stage?




Edited by Brummmie on Friday 4th April 11:24

Simpo Two

92,978 posts

295 months

Friday 4th April 2014
quotequote all
southendpier said:
Doesn't the other sides solicitor need to clear the charge when you transfer funds? Meaning the parties that own debt against the propety get paid and any resulting profit is paid as cash to individuals.
This is the whole point of a charge as I understand it. And yes, it should have shown up with LR. £4 to find out.

This solicitor of yours - does it wear a fez and eat bananas?