Suing someone with no assets

[Blancko]

This is on behalf of my parents really.

My parents have been wanting to sell a part of their farm for a while to help their kids/grandkids out. After researching it was agreed it would be be best to use an auction house.

Last week the property went to auction and was “sold”. But the “purchasers” are now backing out due to a number of reasons. Think they only found out after the auction the plot is greenbelt.

it has come out the person who made the bid has no job and no assets.

Parents wanting to pursue a claim as it is all a major inconvenience. Its a bit pointless for them imo.

Any thoughts?

Even if he won a substantial amount it would be pointless, they've not got it. He would end up with a quid a month or something.

And it would cost him dear.

Bank loan. Land mortgage. Borrowing from somewhere.

Your parents have misled in some way about this land. That's why the buyer has withdrawn and so have all the other interested parties.

And now your parents are "furious" and "looking for a settlement" because they've been caught out. It's not going to happen.

Your parents sound like dicks to be honest. And you're listening to nothing that people have taken the time to explain to you either.

Suing someone with no assets (or at least who can legally appear to have no assets), when you haven't suffered significant losses, on a point of principle, is about the stupidest thing you can possibly do.

Be sure to come back and let us know how that works out for your DF.

Withdraw? What do you mean? They didn't withdraw anything. Where was it withdrawn from ? They advertised a piece of their land for sale. The specs said if anyone were thinking of developing they would have to make the relevant checks. That's pretty conclusive. The land is being sold. What you want to do with it is your concern. No one hid anything.

@AnneValentine How is it dishonest. There was no withholding information ffs. They offered a price if land for sale. They didn't offer development potential land for sale. You are being quite ridiculous.

How do you know that?

Because nowhere in the OP does it say they advertised it for developing. Why on earth have you created a story in your head that they did?

There must have been something hidden for all the other interested buyers to have disappeared. I can believe one idiot would bid on something without doing due diligence but not several.

I also think it’s the reason OPs parents are so hellbent on suing to get their bid price rather than just put it back into an auction as they know they will get a much lower price now all details are out.

All speculation obviously but the OP hasn’t really answered anyone’s questions.

OP said early in the thread that the auction pack clearly stated that the potential buyers needed to do their own checks regarding development of the land. Not sure how that can be interpreted as the land definitely wasn't advertised for developing, which you are doggedly saying.

They did hide something. They hid the fact it was Green Belt designated. As a PP has said, it's pretty telling that all the other interested bidders have walked away since that came to light.

But they also knew it was green belt.

Not sure they did based on what OP has said? She's posted that the buyers are supposed to do their own due diligence on the issue and that the legal pack doesn't say it was green belt either. Emphasis has been on how the people bidding should've known to check.

It is a bit odd that multiple people seem to have bid and then not wanted it afterwards, but really whoever is at fault it's not a good idea to throw resources at suing someone who's never going to be good for the money.

She literally says on the thread.

@Bookworm1111 precisely because it was mentioned in the pack like it was indicated it wasn't promoted as development land.

It was land for sale. If you want it for developing you'll need to go check if it's possible. Green belt dies t preclude development. It's just much harder and not guaranteed.

Nowhere does it seem to discuss development potential. Any time land is being sold for development you can be damn sure lots of mention if it's development potential is all over the pack. The OP reads like it was just listed as land

That would be a very satisfying outcome.

@AnneValentine but being green belt isn't considered a material defect. There is be no reason to mention the category of land being sold unless the pack specifically advertises it as being 'prime for development' or some such thing and there is no indication of this.

If there was a covenant on the land then That would be required to be disclosed but that it is green belt is literally not relevant to the seller. If it is relevant to the buyer it is their responsibility to do due diligence or simply ask

You have the exact wording of the listing in front of you do you? You seem awfully sure about what it did and didn't say.

I'm purely going off what the OP has specifically stated on this thread, which on the balance of probabilities is that multiple people (not just the winning bidders but also it seems the other interested parties) were mislead in some way.

Plenty of pps with experience if auctions are saying it would be very unusual for the fact the land is greenbelt not to be mentioned as it is pertinent information for buyers which would clearly affect potential interest and therefore price.

The people at fault here are either the seller or the auction house. Probably both.

Of course it’s relevant 😂

If you go to court against a person with no assets what can the court order them to pay you £1 per month?

It's mad how that poster is so adamant what the brochure did and didn't say without having actually seen it, and thinks the fact the land is GB wouldn't be at all relevant to potential buyers (er, totally relevant!). Makes me wonder if they've got some skin in this particular game.

People like your dad are a lawyer's dream.

I see people like OP's parents all the time in my job. So sure they've been wronged somehow and no amount of reasoning will convince them otherwise.

I actually feel sorry for them, wasting precious time and money on a hiding to nothing, often to the detriment of their families.