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Jack Chilli

Exchanged But Not Completed

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Hi folks,

I have a question for you concerning my very nice but slightly dim brother! His neighbour, who runs an old folks home from her house and the house next door on the other side, has been trying to privately buy his house since June (to turn that into an OAP home also), but has had probs raising the money. All this time, he has had it off the market, just for her ( I know, don't tell me!). They finally exchanged at the beginning of Dec (10% deposit paid), but come completion day, she hadn't got her act together. He stupidly gave her the keys and moved out, unaware til later that day that they hadn't completed. He is now living at my mums (nightmare, believe me) with his young kids whilst the neighbour has been putting in a new kitchen, etc. He says he 'trusts her' and keep giving further deadlines, the current one having been extended to 10 days. She still has the keys, he hasn't chucked her out, which is what I suggested. His solicitor is USELESS and seems too busy to be bothered. He was told to ask for double the deposit if further deadlines were to be set, but he hasn't so far. Meanwhile she's in there doing all sorts (the solicitor says legally it's 'okay' because she's just a 'guest' - what does this mean?).

I know it's a very screwed up and slightly unusual situ - but before it goes any further downhill, can anyone suggest a useful and positive plan of action. (please withold the name calling, I've tried that and it didn't help, but yes, he is a stupid idiot, to put it mildly). :angry:

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If your brother doesn't want to move the squatter out of his house, he might be wise to set up a rental agreement with his neighbour, even if it is for a nominal sum.

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Hi folks,

I have a question for you concerning my very nice but slightly dim brother! His neighbour, who runs an old folks home from her house and the house next door on the other side, has been trying to privately buy his house since June (to turn that into an OAP home also), but has had probs raising the money. All this time, he has had it off the market, just for her ( I know, don't tell me!). They finally exchanged at the beginning of Dec (10% deposit paid), but come completion day, she hadn't got her act together. He stupidly gave her the keys and moved out, unaware til later that day that they hadn't completed. He is now living at my mums (nightmare, believe me) with his young kids whilst the neighbour has been putting in a new kitchen, etc. He says he 'trusts her' and keep giving further deadlines, the current one having been extended to 10 days. She still has the keys, he hasn't chucked her out, which is what I suggested. His solicitor is USELESS and seems too busy to be bothered. He was told to ask for double the deposit if further deadlines were to be set, but he hasn't so far. Meanwhile she's in there doing all sorts (the solicitor says legally it's 'okay' because she's just a 'guest' - what does this mean?).

I know it's a very screwed up and slightly unusual situ - but before it goes any further downhill, can anyone suggest a useful and positive plan of action. (please withold the name calling, I've tried that and it didn't help, but yes, he is a stupid idiot, to put it mildly). :angry:

He might want to get another solicitor...

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Sorry to hear about your tale of woe mate. This might all just be totally a matter of circumstance between your brother being a bit "low wattage" and the buyer being totally disorganised.

On the other hand things could get very nasty very quickly.

As Mags said - get a new solicitor - PRONTO! A deadline for completion needs to be SET IN STONE by the new solicitor or you need to get the buyer out.

Please let us know how things develop.

And good luck! ;)

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This is potentially very nasty and a situation that can unwind very rapidly.

The buyer had defaulted on the legal obligation to complete and should now be paying interest on the sum owed to the seller. The solicitor, at the very least, should have served formal notice on the buyer. If not he is negligent and that's a matter for the Law Society.

Edited by Red Baron

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Bloody hell!

:huh:

I actually hope you're a troll.

As mentioned before, what the f*ck is his solictor playing at? Your brother has got to get on his case big style. Can't your brother keep the 10k deposit? Definitely needs a more aggressive solictor on his side, he may need to pay out more money but could actually stem any further loses he will encounter on the way.

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This is potentially very nasty and a situation that can unwind very rapidly.

The buyer had defaulted on the legal obligation to complete and should now be paying interest on the sum owed to the seller. The solicitor, at the very least, should have served formal notice on the buyer. If not he is negligent and that's a matter for the Law Society.

Thanks for your comments all. Appreciated.

The solicitor is not THAT useless, but comes close. The interest is being paid and notice has been served, but it's just the lack of support and REAL advice my bro's been given by the legal profession and I agree it is a nasty situ , how nasty it gets (and I hope it doesn't - coz he owes £500! :rolleyes: ), I will let you know. Nothing new to add to what i already knew, but it's actually really good to hear my own thoughts confirmed. I just phoned him and read out your comments so far, I think I heard the sound of a head being buried further into the ground, but he told me the last deadline IS written in stone. He says he'll phone her(the purchaser) tomorrow and tell her he will move back in when the current 10 days is up. I told him to not phone her but phone the lawyer, ask for double the 10% deposit and if it's not there within 48 hrs, to take the keys off her. He insists he should phone her. I give up. I really do, but thanks again.

;)

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Wait till the new kitchen is fitted! :D

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  • 301 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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