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Outstanding Payment Agreement on Property Purchase

3 replies

CrispyOnion · 06/05/2023 12:09

Hello everyone. I'm currently purchasing a property which is nearing completion. Today I received a letter from my Solicitor advising the seller has outstanding bills on a payment agreement for the windows. The outstanding money is not a loan secured against the property. The seller has advised she will not be informing the installers she is moving and will not pay the final bill. I don't know what the amount is yet.

I won't be able to speak to my solicitor until later next week now but just for some peace of mind wondered if anyone else has ever found themselves in this or a similar situation and what their legal position was.

Any help and advice is much appreciated.

OP posts:
Soontobe60 · 06/05/2023 12:18

If there isn’t a charge against the property then it won’t affect you.

Soontobe60 · 06/05/2023 12:22

Pressed post too soon! My DD bought a house last year where the vendor had done a similar thing but not paid the full invoice. At that point everyone, including the mortgage lender for my DD, panicked. The vendor had declared on one form that there was a charge against the property for this item. Looking at the deeds, it was clear there wasn’t! She’d taken out a home improvement loan and wanted DD to pay it off as Dd would be benefiting from the item!
oncebit was clear it wasn’t a charge against the property, panic was over, and sale went ahead. This all took about 3 days to sort.

CrispyOnion · 06/05/2023 14:40

Soontobe60 · 06/05/2023 12:22

Pressed post too soon! My DD bought a house last year where the vendor had done a similar thing but not paid the full invoice. At that point everyone, including the mortgage lender for my DD, panicked. The vendor had declared on one form that there was a charge against the property for this item. Looking at the deeds, it was clear there wasn’t! She’d taken out a home improvement loan and wanted DD to pay it off as Dd would be benefiting from the item!
oncebit was clear it wasn’t a charge against the property, panic was over, and sale went ahead. This all took about 3 days to sort.

Thank you for your quick response. I thought this would be the case but why can't Solicitors just communicate in plain English and explain to me what my legal position is from the outset instead now I have to contact them to get clarification in writing. I'm also annoyed at the seller for their behaviour on this. They decided to replace the windows and set up a payment agreement so pay it off out of the money you're making out of the sale, not try to dump the outstanding debt onto me! She's moving in with her in-laws and not buying another property by all accounts. Anyway, thanks again.

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