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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To be absolutely furious with house seller

214 replies

ChagSameachDoreen · 06/09/2022 10:47

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?

OP posts:
EmmaH2022 · 06/09/2022 11:27

ChagSameachDoreen · 06/09/2022 11:21

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

You need clarification
is the solicitor really saying that one owner of the house knows nothing about the sale?

ask to see the documents.

I'm clutching at straws but some solicitors present so badly, I'm clinging to the hope that this one

so maybe there's a court date next week, which would make it easier than if the other owner knows nothing about it.

snowballer · 06/09/2022 11:29

Pull out. And find a new solicitor pronto. This is one of the first things that should have been checked. Unbelievable incompetence which you should really take further with them.

Denny53 · 06/09/2022 11:29

We have very recently had this. The sellers ex partner was still on LR despite seller buying him out a couple of years ago. It legally takes 14 working days - but that’s without it going to court! Could take weeks!

Leftbutcameback · 06/09/2022 11:32

Denny53 · 06/09/2022 11:29

We have very recently had this. The sellers ex partner was still on LR despite seller buying him out a couple of years ago. It legally takes 14 working days - but that’s without it going to court! Could take weeks!

What takes 14 working days? The LR application? That's very optimistic!

Andromachehadabadday · 06/09/2022 11:34

ChagSameachDoreen · 06/09/2022 11:21

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

Well if there’s no way of contacting him, there’s a good chance no one has checked the house can be sold. Which, yes, would be even worse.

I am so sorry this has happened.

LakieLady · 06/09/2022 11:37

If the non-resident spouse doesn't agree on how much they'll get from the sale, this could take ages, as they'd have to go to court to get a decision as to how the proceeds of the sale are split.

In my case, this took 2 years, but my ex was an idiot and his solicitor wasn't much better.

Original poster
ChagSameachDoreen · 06/09/2022 11:37

I've just been on the phone to the sales progression team at the estate agent we're selling our flat through. She's going to find out more information.

I can't believe my solicitor didn't check this earlier.

I'm 5 months pregnant and this is an absolute nightmare!!

Thanks for all the advice so far.

OP posts:
RunningSME · 06/09/2022 11:40

If he puts up any kind of objection to the house sale could take 2-3 years, honestly go and find another house.

FatEaredFuck · 06/09/2022 11:42

Apologise to your buyers and start looking at new houses ASAP. There is no chance I would hold on and hope.

Denny53 · 06/09/2022 11:43

Leftbutcameback · 06/09/2022 11:32

What takes 14 working days? The LR application? That's very optimistic!

Show quote history

It takes 14 working days to have a name removed from LR. That’s with all parties agreement. Obviously longer if no agreement

Alconleigh · 06/09/2022 11:44

I had an offer accepted on a property, and had paid for a survey, before the agents informed me that there was a marker on the property due to being part of divorce proceedings which were ongoing. Which meant it couldn't be sold. The agent breezily informed me that they'd find me a new property to buy. Er, no. Wouldn't touch that bunch of incompetents again with a barge pole. Luckily I was a first time buyer so no chain to deal with. Sorry this has happened OP. Suspect you will need to be prepared to walk away.

Badger1970 · 06/09/2022 11:44

I'd walk away. There will be other homes, OP. If she hasn't got the consent of her ex to sell, there's no logic in thinking that he'd agree. They've had months to sort this and haven't...........

SoupDragon · 06/09/2022 11:46

surely it depends on whether she did actually get sole ownership of the house in the divorce and it's just the land registry entry wasn't updated or whether she never actually got sole ownership of the house.

BigSidLittleSid · 06/09/2022 11:47

We're going through this, 12 months and counting... It's off to the high court "soon". Our solicitors have been shit and we found out the situation directly from the seller, when we asked why searches etc were being held up. We've been offering on others but not been successful. We're in rented now so at least we don't have to stress about our buyer pulling out. I'm also Pg and just hoping it all goes through before baby arrives!

pigsDOfly · 06/09/2022 11:47

Pulling out and finding another house to buy would sound like the best solution. This sounds like it could take years to sort out if the ex-husband isn't actually agreeing to it.

This should have been flagged up even before it got to the solicitor as, when asked to fill in the estate agent's form, the seller should have declared that she didn't have the right to sell the house; in which event the estate agent would not have put the house on their books.

Surely, the seller is committing fraud (or attempting to) if she's trying to sell a house that isn't hers to sell.

MiniCooperLover · 06/09/2022 11:48

Unfortunately I think your seller knew this and was hoping it would slip through/wouldn't be noticed, etc.

Blossomtoes · 06/09/2022 11:50

So sorry, this is a nightmare. Your solicitor takes the top prize for incompetence. I can’t see that you have any alternative to walking away.

Original poster
ChagSameachDoreen · 06/09/2022 11:51

My solicitor said (very blithely, I might add..)

"The vendor is having to amend the title as an ex-partner needs to be removed and they don't speak. There is a restriction on the title which needs to be removed before completion can take place and we can register your title, and this is now with the courts. The seller's solicitors don't currently have a completion timeframe for this"

OP posts:
HeyBlaby · 06/09/2022 11:52

Depends on if she had changed everything over to her name and it's just a mess up at the land registry which is much less of an issue (the land registry will expedite if a sale or purchase depends on it) But if she has literally done nothing to remove his name it'll take months and months, at best, even if he agrees to his name being removed theres the whole mortgage to sort and solicitors to sort the paperwork which as with everything is slow, worst case scenario it's court if he doesn't agree.

Wnikat · 06/09/2022 11:52

I’d sell and move into rented. You are not getting that house any time soon, if at all. But I wouldn’t risk losing your buyer with the shitstorm that is coming.

Wnikat · 06/09/2022 11:58

Also checking the title is the first thing your solicitor is supposed to do.

theviewfrommywindow · 06/09/2022 11:59

ChagSameachDoreen · 06/09/2022 11:51

My solicitor said (very blithely, I might add..)

"The vendor is having to amend the title as an ex-partner needs to be removed and they don't speak. There is a restriction on the title which needs to be removed before completion can take place and we can register your title, and this is now with the courts. The seller's solicitors don't currently have a completion timeframe for this"

Hi OP - we had to recently get a restriction removed from a title and the mortgage broker was able to contact the Land Registry and expedite our case, it took a week. This was possibly a lot quicker as the said person had passed away. However, if the seller's ex husband is not ameniable then it could take forever unfortunately. I imagine she was going to see if she could get away with not having to deal with it/him.

Sweetpeasaremadeforbees · 06/09/2022 12:00

I agree with pp, sell your house and move into rented and look for another house and get another solicitor .

Original poster
ChagSameachDoreen · 06/09/2022 12:01

I'm pretty angry with the seller. She took six months to find an onward purchase, and we waited because a) our buyer was willing to wait, and b) because it's literally the last house in that area we can afford since the prices went up.

If this falls through because of her trying to pull a fast one, I will be so angry.

I'm on Rightmove now, having a look at what's out there.

We're Jewish and really need somewhere in that area because of synagogues and school.

OP posts:
SteadyNowBetty · 06/09/2022 12:05

You need to ask the seller whether she completed a TR1 form with her ex. This is where she would have bought him out of the property and he would have signed to say he has no claim over the property any more.

The land registry has an immense backlog of processing these TR1 forms and updating the deeds.

However, if the TR1 has been signed, then it is binding - even if the deeds do not yet reflect it.

It all comes down to the TR1 form. If this hasn’t been signed then yes it’s going to have to go to court from what you’ve been saying.