i Made an offer on my first house....the deeds where due to be handed over when i was notified the seller was bankrupt and needed an extra £5,000 for the house in order to cover her debts, i have already paid nearly £1000 in solicitors fees is there anyway i can get my money back, and what can i do.......please Help.....
2007-01-29 21:51:05 · 6 answers · asked by xXx*natalie*xXx 1 in Politics & Government ➔ Law & Ethics
If you had actually signed the contract to buy the house, you need urgent legal advice....NOT the solicitor you have already contacted. The seller and the 1st solicitor should not have done this.......or allowed this to happen.
2007-01-29 21:55:43 · answer #1 · answered by lou b 6 · 0⤊ 0⤋
This has "Con Job" written all over it. Basically, the seller is asking for a gift. If you have a written contract you have a binding agreement (certainly in Scotland). Get a solicitor to examine the contract and see if there is any way the seller can up the price at this stage. If not, you do not have to pay. Your only question then becomes "How badly do I want this house?"
2007-01-29 22:10:38 · answer #2 · answered by skip 6 · 0⤊ 0⤋
You have a number of recourses,
1. The trustee in bankruptcy can have an order to complete the sale, subject to right to disclaim any onerous unprofitable contract under s.315 of the insolvency act 1986.
2. Your title will be derived from the trustee in bankruptcy, and may not have to be affected by it the sellers bankruptcy, since she has no legal title to pass now.
3. You may also have an action against your solicitors for negligence for note doing the OS1R search in good time.
I would speak to your solicitors, do not hand over anymore money!
2007-02-01 11:53:30 · answer #3 · answered by logicalawyer 3 · 0⤊ 0⤋
If a contract was signed agreeing the price then the seller must abide by that price whatever her circumstances. This sounds like a con - I agree with lou's answer - independent, unbiassed legal advice is needed urgently. Your own solicitor should be able to sort this. If not, maybe the Citizens' Advice bureau can help. I am so sorry that you have had this problem - good luck with sorting it out.
2007-01-29 22:02:36 · answer #4 · answered by mad 7 · 1⤊ 0⤋
Find legal advice ASAP this should not happen, her debt is not your problem. Also you could ring the cab or go on there websit for info on this matter.
Get a different solicitor to help you. As the one you have already seem a little cr@p.
Good luck with this hope you get there in the end
2007-01-29 22:13:58 · answer #5 · answered by Pinkflower 5 · 0⤊ 0⤋
Ask your solicitor about whether or not this information is correct and she can withdraw from sale. If so, I think you need to pay the extra £5k - its not much on a property these days and if you really like the property you may regret not buying - ask her to chuck in all the furnishings if she is bankrupt - she wont need it in rental accommodation!
2007-01-29 22:00:16 · answer #6 · answered by Saucy B 6 · 0⤊ 0⤋