To be absolutely furious with house seller

[ChagSameachDoreen]

Our house sale/purchase has been limping along for a fucking eternity (November 2020, to be precise).

We offered on a property in February 2022 which was finally accepted. Took the seller an age to find an onward purchase, but luckily our buyer (young, first-time) was willing to wait.

We had a completion date set for September 12th - perfect, as our buyer's mortgage offer expires end of Sep, and we have religious holidays starting on Sep 24. I was just waiting for confirmation to book a removal company.

Today my solicitor calls and says there's a hold up. The title of the house can't be transferred to me yet, as the seller's ex-husband's name is still on it. Since she doesn't speak to him anymore, it has to go through the courts, and nobody has even the vaguest clue when it might be completed.

ONLY NOW THIS HAS COME UP?

I am fucking raging.

Has anyone been in a similar situation, and if so, how long did the courts take to remove the other person off the title?

I would find another house. That's going to take months.

2 years trying to buy a house? Either it's the bargain of the century, or you have the patience of a saint.

Ime nothing that involves the courts is quick. I suggest you go ahead with your sale, move into rented accommodation and think about whether you really have to have this house.

If her exh name is still on the deeds she's trying to sell a house that she doesn't own outright, surely she'll need to buy him out then he can sign a transfer of equity but might be tricky if he can't be found or doesn't agree when he is found.

If she can’t get in touch with the exh, how has anyone confirmed she can actually sell the house?

I don't have direct experience but I know someone who had a similar issue, she waited ages, then pulled out.

I would want to know why your solicitor didn't find this out before - surely checking who owns the property is one of the earliest steps?

This was my first thought. Op this is going to a huge headache.

PS I am really sorry
i had one limp on and then fall through and I know how upsetting it is.

I would be furious with the solicitor tbh and running for the hills.

We had this about 20 years ago. I think it held us up a couple of months but the court date had been set so we knew it would be ok after that and everything else was in place. I would try to find out if the court date has been set yet.

To be fair, before offering on a house I download the title plan for the house and its neighbours. It costs something like £3.50. This could have been foreseen and dealt with a long time ago.

Why are you just furious with the seller, surely your solicitors are also responsible for being completely inept.

The only sensible thing to do is to pull out. That might mean you lose your buyers or you end up in rental but she doesn't even have permission to sell the house so this is not a quick fix.

What a mess! So the seller wasn’t legally entitled to sell the house? I’m surprised the solicitor didn’t spot this. Can you find somewhere to rent and complete the sale on your house?

You should be going beserk at your solicitor for not picking this up until now. What have they said about it?

I wouldn't even bother waiting any longer. It will take ages and the ex might not agree. Find something else.

I would also pull out..

I would consider rental and new hunt.

Can you find somewhere to rent and complete the sale on your house?
Personally I wouldn't do this. Apart from.the disruption and expense of having to move twice It may take a long time to find somewhere to buy if your purchase falls through and meanwhile houseprices could continue to rise. Sadly you may lose your buyers and start all over again.

Don’t pay the solicitor!

Your solicitor is completely incompetent.

This could take months through the courts

Argh! If you wanna sell, you have to move into rented. Understand it's a PITA to move twice but at the pace you're going, it makes sense. Crazy to have kept your buyers hanging so long and would be bloody awful to let them down now, even this is obviously not your fault at all. Ditch the onward purchase too - and the solicitor - and start over on the house hunt. Must be absolutely gutting, but don't let it lose your focus.

Given the way the market is headed, you need to complete on your sale and move into rented. If I were you I’d be looking for a new house to buy, your purchase is not going through any time soon.

From what you're all saying, this is way worse than I first thought...

Complete nightmare. Happened to friends of mine. They bought another house. I think you need to start looking, and yes really poor behaviour by the seller.

And even if it does get sorted soonish the Land Registry has a huge backlog so you would probably have to proceed before the registration was completed, relying on solicitors undertakings and retentions. Too complicated.

What the fuck has your solicitor being doing?
this is a fundamental aspect to a house sale. How has it not come to light by now?
given how backlogged courts are this won’t likely be resolved for many months.

the vendor is also taking the piss
I would pull out of the sale and accept whatever decision your potential buyers make. I wouldn’t sell my house and rent certainly not with a view to purchasing this house in question