Asbestos in the artex!!! FFS

[sneezecakesmum]

This is the latest shit the ExP is telling estate agents who are valuing the property before the final hearing in court to split the property with BIL. She is talking down the price so her lastest shag new partner can afford to buy BIL out cheaply. FWIW asbestos was banned in artex in 1984 and the ceilings were done in 2003! So far she's knocked off £30,000.

Artex the pits anyway, but not the point!

[Collaborate]

A surveyor will see through that.

[RandomMess]

Let her knock it down loads so BIL can buy her out instead ?

[Humpletumple]

Your bil needs to tell the agents when the ceilings were done. How else has she knocked off the cash?

[sneezecakesmum]

says 'structural' damage in kitchen from neighbours extension - not! (minor crack) it is cosmetic and the neighbours insurance will fix it but she wants it to stay for effect! Window small crack- its 5 yrs old and still under warranty, fascias leaking - minor and also still under warranty, boiler not working/no certificate,- 1 year old with 4 year warranty and certificate, electrics/fuse box not checked or standard - not -checked and certificated a year ago. bit of annexed land not legal and needing HUGE expensive change to deeds- not - went to court and thrown out as judge said boundaries difficult to prove-so nothing doing there(all legal) and NOT BEEN MODERNISED FOR 30 YEARS L.O-BLOODY-L. New windows,doors,decorated etc, kitchen extension. Sitting in a huge puddle pissing myself laughing. Sorry dont mean to be rude [ashamed emoticon]

Collaberate - if the judge accepts her low quotes, a surveyor is irrelevant I quess, the house will be sold off to new poor unsuspecting sod bf, and BIL will get a fraction of its true value. circa £185K

random BIL wants to put as many miles as possible between him and the harpy, not live in the same town! Good blue sky thought though

[Collaborate]

Just wait for the report. But BIL should pre empt and pass all this on to the surveyor.

[nocake]

Definately pre-empt the crap by employing a surveyor to value the property. A surveryor's report will carry much more weight with the judge than an estate agent's valuation.

[Collaborate]

Only the report of a surveyor can be used in court. a surveyor is considered to be an expert. A valuer from the estate agents isn't unless they have similar qualifications.

[sneezecakesmum]

Will ask about a surveyor but is it more expense? BIL footing all the bill. His Estate agent yesterday quoted v low price, when cornered and told full facts and threatened with his professional body, (he was got at by ExP and her daughter who he described as very persuasive!!!) He upped the price by £20K- so shows how persuasive they were.

Looking into surveyor asap but time is short and I'm off on hol and BIL is also taking a break before he has a nervouse breakdown. But will look into it all friday.

And NO we are not off somewhere together. lol (totally separate destinations)

[Collaborate]

Surveyors are often employed by estate agents. The cost round my way (Liverpool) os around £300 plus vat. Similar elsewhere I think. If he has a professional body then he's a surveyor. Estate agents have I think a trade association.

[sneezecakesmum]

surveyors fee £600 in Bucks.

BILs solicitor told him the judge would look on him more favourably if he didnt appear 'greedy' and ask for a price nearer the market value, and to accept a price nearer the ExPs lower estate agents valuations. solicitor said if he appeared greedy and in view of DD (16) still living there he could award 80% of the value to the Ex, even though the mortgage is 50/50 and Ex is in 3 bed house and BIL in one room. If sold the equity could go well towards BOTH of them buying 2 bed properties and DD can then stop with BIL if she likes.

I was amazed that the judge could do this, can he create a legal precedent like this in unmarried property cases? . Yes, it would go to appeal but BIL would be bankrupt by then.

[Collaborate]

Shit advice (and wrong) if solicitors truly said that. Can't alter the 50/50 shares unless there's been unequal contribs and it's been pleaded.

[sneezecakesmum]

Spoke to BIL again and what I think the solicitor meant it seems is if the judge got stroppy he could go for ExPs very lowest valuation as the mortgage is up for renewal in october this year just to get a very quick sale...so sell for £120K when the market value is £170 (conservative estimate, others are going £185K) so in effect ExP will get a greater share, as she has no intention of selling and intends to buy BIL out. The mortgage company said provisionally they would keep the current payments going until the situation is resolved.

Solicitor said go in for £160K, as in between valuations so BIL looks to be reasonable about it all. He is going along with this just so it can all be over, and he has come a long way from ExPs original demands of 'I'll give you £10K to piss off but you will pay CM £350 pcm till DD is 23 and leaves uni' !!!

Court also will not deal with his personal property, he will have to take her to a small claims court according to solicitor, even though the judge got her to agree to return his property in the first hearing. (not done!)

BIL very underwhelmed with the fairness of the civil legal system, but if he can walk away with £50K and never set eyes on the harpy again he will be happy.

Thanks for advice. We'll know soon enough what the outcome will be

[Collaborate]

That's the thing about getting a surveyor to do the valuation. the judge can rely upon it then and if the court makes a buy out order based on any other valuation it would be appealable, so the judge won't stray from their duty. Give the judge scribbled letters from estate agency market appraisers and it's not expert evidence and so in the event of a dispute can't be taken into account. If a professional valuation hasn't been done it's a serious deficiency in the case.

[sneezecakesmum]

All evidence must be in by the coming Friday. No mention was made by the solicitor or the original court of a surveyor being involved, only here!!! ExP has stipulated no one enters 'her' property before 6.30pm and only weekends, so entry by a surveyor will need ordering by the court at this late stage.

BIL will by happy with a valuation of £160K if this is halfway between his valuations and ExPs. We will throw everything into the witness statement to prove she is driving down the price. The estate agent who is supposed to go in today said he will even give a court statement if she does this to him too.

If the judge goes for a really low price I will see if BIL will put in his statement he is prepared to pay for a surveyor to go in (on appeal) but his solicitor may not let him do this. Its all a bit of a nightmare with the october mortgage renewal looming. All BIL can see at the moment is the horrendous bill he is accruing, and there comes a time when you cut your losses I guess. 3 weeks was not a long time to get info or evidence when ExP was being awkward. Thanks loads for this info anyway.

Also ExP - as she is self repping - can put all sorts of crap stalking/DV/harassment (not a shred of proof) in her statement and BIL has no right of reply according to his sol as it is 'irrelevant'. He just hopes it does not colour the judges opinion, sure it won't as he's seen it all before but this harpy has made a Faustian pact with the devil!