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Legal matters

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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:
Nocutenamesleft · 12/02/2022 14:37

@StripyOnesie

Is this anything to do with the poster who was friends with someone who wanted to stop the sale of her parents house?
Oooh. Does anyone know the link for this thread?
Fleur405 · 12/02/2022 14:45

A book on contract law in the jurisdiction where your book is set is what you want then. But you’ll also need to understand about how land registration works too.

CorrBlimeyGG · 12/02/2022 14:47

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

You're not researching, you're asking others to do the work for you. You can't write a book if you don't even understand the basic legal concepts.

Janesmom · 12/02/2022 14:54

@Fleur405

A book on contract law in the jurisdiction where your book is set is what you want then. But you’ll also need to understand about how land registration works too.
A book on contract law is unlikely to be much help!

Sales of land and property are normally treated quite differently from any other contract. That’s why land law / property law is a standalone area of law!

In England, the only circumstance I can think of where a property transaction could be set aside is where (i) the relevant formalities weren’t met (in other words there wasn’t a proper sale in the first place!) or (ii) both the buyer and seller were parties to a fraud (eg a sale at an obvious undervalue to defraud the seller’s creditors).

Thelittleweasel · 12/02/2022 15:09

@ShimmeringSheen

Possibly if the vendor actually died and the solicitor exchanged after that without knowledge of the death?

Grandville · 12/02/2022 15:56

@CorrBlimeyGG

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

You're not researching, you're asking others to do the work for you. You can't write a book if you don't even understand the basic legal concepts.

Snippy much?
Echobelly · 12/02/2022 16:25

If turns the buyer can't complete after exchange, there may be abikity to rescind contract: www.russell-cooke.co.uk/what-can-a-seller-do-if-a-buyer-fails-to-complete-a-purchase/#:~:text=The%20standard%20conditions%20provide%20that,the%20deposit%20and%20accrued%20interest.

If the property has been sold by a fake vendor you can't get the property back - because the buyer bought in good faith and it is now theirs, so can't be taken from them. There might be legal recourse to getting money off someone, but I don't think for getting the house back.

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