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Original poster

Declaring a house sale invalid/null and void

32 replies

ShimmeringSheen · 12/02/2022 13:28

I'm looking for a bit of information..... I'm doing some research to try and compile a list of reasons (however obscure) that a house sale might be declared invalid or null & void. Can anyone advise under what circumstances this might occur? I am thinking here of a situation where the exchange has taken place, money has been transferred and both the sellers and buyers have moved into their new homes. Are there any conditions under which a completed sale might be reversed, declared invalid or everything 'reset'? I know that it would probably end up going to court as I guess something like this couldn't be just unwound by the solicitors involved.

So I'm looking for any circumstances under which a reversal might take place, doesn't matter how unlikely or unusual they are. Thanks.

OP posts:

LittleBearPad · 12/02/2022 13:31

Why?

Maybe if you were found to be incapable of understanding what you’d signed?

Elieza · 12/02/2022 13:36

Or could it have to light that someone who died without leaving a will’s property passed to the next of kin (the person who sold it) and a new will from the deceased has since been discovered leaving the house to someone else so it was never hers to sell in the first place and is now returned to its rightful recipient/owner?

CorrBlimeyGG · 12/02/2022 13:42

If you want to do some research, look up reasons why a contract may be void or voidable. Note that they are different things.

What is your research for?

BumbleNova · 12/02/2022 13:42

The only circumstances I can think of would be if one of the parties wasn't actually the legal owner? But getting to exchange/ completion with that being the case are basically impossible.

A lack of capacity may also work? But equally you need to instruct solicitors to do the paperwork, agree exchange etc and if you are capable of that, I'm pretty sure you would have capacity.

Sorry OP - I really think this is a lost cause.

What's happened?

LIZS · 12/02/2022 13:42

You mean such as if the "vendor" did not actually own the property they sold and "rightful" owner reappeared? Did this not happen recently and the sale was still declared valid?

alwayswrighty · 12/02/2022 13:43

What country did the sale take place?

LIZS · 12/02/2022 13:44

Arrest after Luton clergyman reports his home stolen www.bbc.co.uk/news/uk-england-beds-bucks-herts-59167750

User0610134049 · 12/02/2022 13:48

I was just going to post about that story above

From what I remember someone stole his identity and sold his home! Unbelievable it was allowed to happen. And as far as I remember even then the sale wasn’t automatically reversed as the new owners bought it in good faith

ClaudineClare · 12/02/2022 13:48

In certain circumstances if the vendor sold at undervalue and then goes bankrupt, the transaction can be reversed. Google it.

User0610134049 · 12/02/2022 13:49

So if it’s for a book or something… basically it seems nigh on impossible to reverse a sale once it’s been completed!

For something to fall through between exchange and completion.. that would be more plausible

ChateauMargaux · 12/02/2022 13:50

If some of the assurances given in the contract were fraudulent or negligent. I know someone who was trying to get a sale reversed.. in the end they managed to get the developer to redo the sound proofing between two flats as it had not been done to correct building standards. I’m not sure whether their legal challenge was valid but it achieved the desired results.

StripyOnesie · 12/02/2022 13:52

Is this anything to do with the poster who was friends with someone who wanted to stop the sale of her parents house?

Fleur405 · 12/02/2022 13:54

Fraud and/or some sort of mutual error could have this result or as pps have said If the seller was insolvent at the time of sale or one party lacked legal capacity. Precise grounds and also the remedy depend very much on the jurisdiction though. It’s impossible to answer in any more detail without knowing the circumstances and location of the transaction.

LIZS · 12/02/2022 13:56

@StripyOnesie

Is this anything to do with the poster who was friends with someone who wanted to stop the sale of her parents house?

I wondered that. The adult child was hoping for occupation right of the family home iirc.

TriciaMcMillan · 12/02/2022 13:59

@StripyOnesie

Is this anything to do with the poster who was friends with someone who wanted to stop the sale of her parents house?

I couldn't work out why this felt strangely familiar! Wonder if there's a connection...

grassisgreen · 12/02/2022 14:01

A contract for a house sale will be void, and therefore unenforceable, if one party lacked capacity.
In the circumstances you allude to where exchange and presumably completion have taken place the contract will still be void if one party lacked capacity to agree. It will be treated as if the contract didn't happen so all the legal docs would have to be redone, and if not agreed those affected by that contract could have to move out.
In practice this should be avoided through solicitors' checks, and in the circumstances I know of has happened where there was malign intent taking advantage of someone with lack of capacity due to a mental disorder.
A voidable contract for a house sale may arise in the circumstances of undue influence or misrepresentation affecting the contract. Again in practice unlikely where solicitors have acted properly and made inquiries.
There are lots of technicalities relating to contract law that you could find regarding void and voidable contracts, then it would be a question of proving it in a court of law.
OP is this a law student essay question?

Iguessyourestuckwithme · 12/02/2022 14:03

My aunt put her brothers house on the market while he was on holiday.

Original poster

ShimmeringSheen · 12/02/2022 14:12

@Iguessyourestuckwithme

My aunt put her brothers house on the market while he was on holiday.

Was she prosecuted?

OP posts:

Original poster

ShimmeringSheen · 12/02/2022 14:12

For those asking, I'm actually researching for a book!

OP posts:

CorrBlimeyGG · 12/02/2022 14:15

Do you want the book to be believable?

Original poster

ShimmeringSheen · 12/02/2022 14:18

@CorrBlimeyGG

Do you want the book to be believable?

Yes, that is why I'm asking.

OP posts:

CorrBlimeyGG · 12/02/2022 14:24

I'd go back to the drawing board. It's such an obscure situation that it's going to be so difficult to make it believable. If someone lacks capacity, that would be picked up during the conveyancing. If someone lacks agency, then a court is likely to look at more practicable remedies than entirely rescinding the contract. If a contract is void for uncertainty, which is highly unlikely, then again the court would look at how the uncertainty could be resolved, which wouldn't be rescinding the contract.

EmmaH2022 · 12/02/2022 14:27

@Iguessyourestuckwithme

My aunt put her brothers house on the market while he was on holiday.

Yikes, what happened next?

And how?!

Aphantasia · 12/02/2022 14:31

@CorrBlimeyGG I disagree I think it’d be really interesting to read, that’s why people read fiction, to read about situations that are beyond everyday mundane happenings. I’d read it @ShimmeringSheen!

Original poster

ShimmeringSheen · 12/02/2022 14:33

I know it's not a common or everyday situation, but its not impossible. Thats why I'm researching.

OP posts:

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