Problems selling my property - please help if you can.

[housesaleconfusedx]

I jointly own a property with my ex. I got a Court Order to sell it about a year ago, he was living there. He ran up huge mortgage arrears and seriously annoyed the neighbours. He refused to comply so Court ordered him to vacate and give me possession of the property and that I have sold conduct of the sale. He didn't leave so I threatened to get Bailiffs to evict him last month and he finally left. It is now empty, I've decorated and spent time and money on it.

It has been put on the market and is getting plenty of interest. He keeps hassling the Estate Agents for info about the sale, wanting to be consulted over the price, the marketing and wanting to know about any bids etc. Estate Agent has refused as I have sole conduct of the sale. He has been int here again today asking to view the property to which he has been told no way. He has now said he wants to bid on it.

I do not want him to live there. It's a flat in a block and my elderly aunt lives there who I visit regularly. He has caused lots of noise and disruption for the other residents of the block. The "residents association" who manage the freehold and do communal area repairs and maintenance have contacted me and requested it is not sold to him or a relative of his as nobody wants him back as he refuses to pay the compulsory ground rent charge and they have had to take legal action and he's vile to have as a neighbour.

What should I do? The Estate Agent has suggested we can either tell him a bid from him will not be accepted (but then he may be sneaky and get someone I don't know to buy it on his behalf - he's got the cash in full to purchase it) or to accept his bid and say it will be considered and then ignore it and sell to the next highest bidder.

Is there a legal definition in property law of what "sole conduct" means. Can I pick and chose who I sell to, can I refuse to sell to him or a family member of his? Given he is benefiting from 50% of the proceeds of sale surely a bid from him may be considered corrupting the fair bidding for other interested parties?

Thank you!

You can accept a bid from whoever you want. You are under no obligation to sell to the highest bidders.

Oh that's great, thank you. So someone selling a house isn't obliged to accept the highest bid? I could decide I didn't like someone and didn't want to inflict them on the neighbours and decline their bid? :)

Yes. (Disclaimer - I'm not a lawyer, and I live in Scotland). When we sold our last house, it went to a closing date on an offers over price. A buy-to-let buyer offered the highest price, but he was an arrogant tossed when he was viewing, so we accepted the second highest bid from a young couple who really loved the house.

play it sneaky so he can't get his friends to buy it for him on the sly. or is it legal to add a clause in the house sale that it cannot under ANY circumstances be sold or rented out to him?

The least trouble would be their second option. Receive his bid and reject it without reasons. No need to tell him he's black listed or he might start suing the residents association for libel or something.
Check out all buyers to see if they are associated with him before accepting any offers.

Legally someone selling is NOT obliged to accept the highest bid. In things like the state buying services sometimes the lowest price is accepted but even there they can instead put out a tender based on most experienced rather than cheapest. You can sell to anyone. Some people take a lower offer from someone with a family who will look after their home rather than someone who looks like a developer. it is very common and very lawful.

If you accept a lower offer wouldn't the estate agent want compensation for the loss of commission?

It's nothing to do with the Estate Agents which offer you select.

remember you'll have no control over the next owner so you'll need them 'on side', so they don't sell on to him.