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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:
bellac11 · 07/09/2022 19:42

ChagSameachDoreen · 07/09/2022 19:39

Apparently my solicitor was only told about the restriction yesterday! The vendor's solicitor hadn't mentioned it.

Show quote history

I thought you said that your solicitor asked on the 11th July for the unilateral restriction to be removed? So they knew then but seem to have just sat and waited.

If your buyers can hold on and if you can get confirmation that this might only take a few weeks you might be ok

GrannyAchingsShepherdsHut · 07/09/2022 19:45

But your solicitor requested the unilateral restriction to be removed in 11th July - so they must have known about it then, but didn't tell you till now?

It must also have been on the title docs they would have had from the land registry?

SaySomethingMan · 07/09/2022 19:47

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?

We had this issue, very similar circumstances. They didn’t tell until we’d paid mortgage fees, etc. It took about over a year because the ex was not engaging. The court threatened the ex with fines. Nightmare. I hope it doesn’t take that long for you. Good luck.

AprilRae91 · 07/09/2022 20:06

We we’re supposed to exchange on the 12th too, but the seller has decided to go on holiday and pushed it to the end of the month!!! I’m currently 9 months pregnant and furious. I don’t know how some people have the brass neck.

Tomitma111 · 07/09/2022 20:08

Problem of life. Look elsewhere

pollymere · 07/09/2022 20:14

I'd be worried that the Seller doesn't actually own the house. If his name is on the title, it may be he's entitled to half when it's sold. I'm not sure what you can do other than find a house that's ready to go on your timeline.

pollymere · 07/09/2022 20:21

I missed part of your posts. Seems odd he's lodged something if she is sole owner yet he's on the title? I would suggest lots of prayer. We prayed for one of my friends recently for a solution to the noisy neighbours and they were arrested within hours 😂 I truly hope a solution is found. You are OK for now and you can always exchange and complete on the same day if necessary so you have a few weeks in hand.

Jbbl · 07/09/2022 20:32

I’m sorry your facing this.. been in similar since court involved we are so far 9 months in and still not finished. There has been issues with computers all round with land registry then court had issues now with some courts going on strike there is huge delays in the system so don’t expect a quick fix sorry 😞

Mandyjack · 07/09/2022 21:03

ChagSameachDoreen · 06/09/2022 12:07

Thanks for this information. From what I can gather, it is going through the courts at the moment.

I will see what the sales progression lady says when she calls me soon after doing some digging.

I'm very prepared to pull out.

Why hadn't your solicitor picked up on this before or indeed hers and passed this info on? Or she didn't fill out the forms correctly.
Don't tell her you're pulling out just start looking again and if you find something then pull out. I have a feeling it could be some months especially post covid and if they have no idea where he is. Also he might not agree to her selling.
There are rumours of prices dropping due to finance issues we are all facing.
I feel your pain our chain collapsed twice so I know how it feels when things go wrong

Mandyjack · 07/09/2022 21:05

AprilRae91 · 07/09/2022 20:06

We we’re supposed to exchange on the 12th too, but the seller has decided to go on holiday and pushed it to the end of the month!!! I’m currently 9 months pregnant and furious. I don’t know how some people have the brass neck.

From my experience of buying /selling and chains most people are very selfish

DelphiniumBlue · 07/09/2022 21:05

Former solicitor here.
The management pack is nothing to do with the restriction, which would be registered against the title.
I think the seller isn't telling the truth, they would have been notified by the Land Registry that a restriction had been applied for. I think your solicitor is being either economical with the truth or didn't look at the paperwork when they received it. This is something that is really apparent on the face of the paperwork, and would wave red flags from the outset.
It is possible that the solicitor queried it with the seller's solicitor some time ago and was waiting for a reply, assuming that cancelling the restriction was in hand, but it's something that would be likely to cause problems and delays and so you should have been told as soon as they received the contract papers.
The only person who didn't know and couldn't be expected to know would be the estate agent!
If the seller isn't in contact with her ex, removing the restriction is going to be time consuming and difficult. The restriction is there to protect the interest of the person who placed it. Someone is going to have to contact them, and it's not really on for the seller just to say they don't talk.
I'd be asking for exact details of the steps that are being taken, and what is still outstanding. If the ex needs to agree a pay out, are negotiations in hand?

Sswhinesthebest · 07/09/2022 21:11

Wow, I’d be furious too.

Original poster
ChagSameachDoreen · 07/09/2022 21:24

AprilRae91 · 07/09/2022 20:06

We we’re supposed to exchange on the 12th too, but the seller has decided to go on holiday and pushed it to the end of the month!!! I’m currently 9 months pregnant and furious. I don’t know how some people have the brass neck.

I'm pregnant too! Only 20 weeks, but we really wanted to have moved by now.

OP posts:
Cancersurvivor · 07/09/2022 21:59

Walk away, your going to make yourself ill over this. It ain’t worth your health. ♥️

EmmaH2022 · 07/09/2022 22:58

Delphinium "I think the seller isn't telling the truth, they would have been notified by the Land Registry that a restriction had been applied for. I think your solicitor is being either economical with the truth or didn't look at the paperwork when they received it. This is something that is really apparent on the face of the paperwork, and would wave red flags from the outset.
It is possible that the solicitor queried it with the seller's solicitor some time ago and was waiting for a reply, assuming that cancelling the restriction was in hand, but it's something that would be likely to cause problems and delays and so you should have been told as soon as they received the contract papers.
The only person who didn't know and couldn't be expected to know would be the estate agent!"

not an expert but this is exactly what I was thinking. The LR has to inform other owners of the property and the initial solicitor check should include stuff like this shouldn't it?

EmmaH2022 · 07/09/2022 22:59

I'd definitely walk away and also, should your solicitor waive their fee if they screwed up from the start?

HintofVintagePink · 07/09/2022 23:00

The MH restriction would be very obvious from the title information. Assuming the property is registered, your solicitor should have spotted this immediately on receiving the contract papers. Your solicitor is not being straight with you.

CountryCob · 07/09/2022 23:14

It will take more than months in the courts. Sounds like they don’t even have a hearing date.

DaSilvaP · 07/09/2022 23:40

Just a silly idea ....
Land registry data is publicly accessible to literally anyone.
What stopped you before making any offer to check for yourself who exactly is the owner of the property?
Same as you can easily check for yourself if anything that looks like a recent addition has got a planning permission or not.

DaSilvaP · 07/09/2022 23:49

Continued ...
Over the years I had to deal with a number of "legal experts" of various description.
One proved to be worth her weight in gold, while some other were so incompetant that I wouldn't trust them with preventing a chained pocket dog from running away.

DixonD · 07/09/2022 23:49

All the ex has to do is agree to sign the contract and transfer. They don’t need to remove him first. If he agrees, it would add on a few extra days.

If he’s going to be awkward, I suggest you look elsewhere.

This may not be your solicitor’s fault. They would have received copies of the office copies (deeds), which would have his name on. But they should have sent you a copy as well so you would also have seen this before now.

If anyone is to blame it’s the seller’s solicitor. They would have known from day one that the ex was also on the deeds - unless the seller didn’t disclose that this might be an issue - which is possibly the case.

DixonD · 07/09/2022 23:52

I see it’s a restriction.

This has probably been registered post original download of the office copies, so it’s likely your solicitor didn’t know.

DixonD · 07/09/2022 23:59

Has it been there since 2010? It would have shown in the office copies before now.

DaughterofZion · 08/09/2022 00:31

It’s your solicitors fault.

Willyoujustbequiet · 08/09/2022 01:03

I'd sack your solicitor. Its total incompetence.

They don't have to be told about the restriction - it's a matter of public record. All they had to do was to get the title document online for £3 from the land registry.

As a former lawyer, this is basic, basic stuff.