We are moving, close to being able to exchange contracts, it is an executor sale and the executors have recently lost their parent, his house we are buying.
Our solicitor is adamant that the sellers need to pay for a Restrictive Covenant Indemnity Policy for us. On the deeds it says no alterations/extentions, and there have been a couple of extentions. Their solicitors have advised them not to pay it as the builders who placed the covenant are no longer trading.
They've batted this to and fro, and I had a call from the estate agent requesting that I instruct my solicitor to drop the matter as it is causing distress to the executors and it's a waste of time. I felt awful they are upset while grieving.
Our solicitor is saying it is needed to be able to progress with the purchase and protect the lender's interest.
We have asked if they are happy to go 50/50, but if we were to instruct our solicitor to not pursue this any further, does that mean she will not be able to complete on the property? Also, I assume our lender would not be satisfied - potentially someone could try and bring about legal action? How would they be able to do that if the builders are no longer trading? Our solicitor is saying this could still happen.
Thanks to anyone who can reply to this!
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House buying hassle
11 replies
GettinTrimmer · 05/06/2011 18:27
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