Vulnerable Family Friend sold £180k house to builder for £67k.... now being kicked out... help!

[ShoksCreek]

We have discovered that an 83 year old friend of the family sold his house of 35 years to a builder after he couldn't afford to pay for the work he was saying was necessary... he sold it for £67k when the house was worth £180,000. He was apparently promised a lifetime tenancy [he has prostrate cancer!] and that work would be done to the property. This sale was overseen by a solicitor who was paid for by the buyer and witnessed by an employee of the builder. The solicitor pointed out that the sale price was on the low side but never sought to ensure nothing odd was going on. The builder tried to move our friend out but he refused to go. He received news that the builder himself has now died but that the builders son wants him out and is getting a solicitor to sort this. So at 83 he will be homeless, at the mercy of the state, whilst the builders family pocket £100k..... Has anyone got any advice on what we might be able to achieve in this scenario. I feel that the sale is fraudulent but I don't know where to start with this.... the lifetime tenancy agreement was a verbal one. there are loads of inconsistencies with the Solicitor and the documentation but its where to start.....

In the very short term, could you sort him out a ring doorbell or a camera so if anyone comes to the door harassing him it will be recorded?

"you are reporting then to the SRA. And report them to the SRA"
Don't raise your hopes over that . SRA took months and months over an executor who was also a solicitor who defrauded beneficiaries.
Nothing was an high enough level of proof for them , not emails or voicemails. All evidence had to be of criminal court level .
And because we got most of our money by employing at our expense another solicitor or was so deemed ok.

This should be reported as a safeguarding issue to your local authority and to the police

both used the same solicitors and the builder paid the sellers fees...... I've read that the solicitor should have attempted to see the seller and ensure there was no coercion but it sounds like she was satisfied after a quick phone call......

shelter the charity may have advice

Honestly, report to the SRA if you want but it’s quicker to make a formal complaint directly to their solicitor as the firm is then duty bound to tell their insurers. They will not want to breach the terms of their PI insurance cover as they can’t practice without it.

There was also a clear conflict of interest and the solicitor should not have acted for both parties and breached her duty to act in the best interests of her client.

Police
trading standards
citizens advice

https://www.axa.co.uk/home-insurance/tips-and-guides/how-to-deal-with-a-cowboy-builder/

Yes they can only act for both parties in specific circumstances and where the builder is paying their fees too then this raises even more issues.

Get straight on to the senior partner at that firm and the SRA.

Yes here are some links from the law society to make a fuss

www.lawsociety.org.uk/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor

All of the previous advice and Rogue Traders, the TV show.

Unfortunately, the sale was 2 years ago so we are too late to stop the registering of the deeds.... I fear they have 'legitimately' got themselves a bargain property.... we'll try and engage 'the law' as to getting his house back, although I know its a long shot.. other than that it is trying to secure his home for him for the foreseeable...... I've read that spoken tenancy's are only good for 3 months max though.....

Has the ‘builder’ really died? Seems convenient that the only other person witness to the verbal agreement suddenly isn’t around to prove it.

The solicitor couldn't act for the buyer and seller in the property transaction & should have advised the seller to have his own legal advice.

This doesn't sound right at all to me. I'd find a reputable solicitor and take some legal advice on this one asap

What happened to the £67k?

I've been buying a house before and had to change solicitors because they can't act for both and were already acting for the other party. If you can get in writing they acted for both and that the buyer was paying his fees etc, definitely builds a picture of coercion. I hope something can be done!

@£25k to pay off his mortgage [been on disability a few years] a number of thousands back to the builder for jobs... a bit on smallish debts then I imagine he has a few thousand left... certainly not enough to rehouse him......

This sounds awful, but I fear you will have no hope of getting the house back. 1/. A conveyancing solicitor can perfectly legally act for both sides in a simple transaction.
2/. Presumably the gentleman was not diagnosed with dementia or somesuch at the time, being neurodiverse wouldn't count unless that meant you lacked capacity - as this was two years ago it would be very difficult to prove lack of capacity then.
3/. The SRA won't do much if anything.
4/. It sounds like the builder "valued" his work at £100K and therefore stitched this poor fellow up in a promise that then didn't materialise.

Point 4, is IMHO your only hope, Promisory Estoppel, its a law that can protect someone who is made a promise if:

A promise was made, even verbally (it seems to have been)
They acted to their detriment (he did, sold the house for less than value)
They came to rely on the promise (he does, needs a home)

A court, may therefore award leave to remain to fulfil the promise made.

Ignore all of the above and go straight to an independent solicitor of your own - now. Yes you'll have to pay.

You need to speak to adult safeguarding team in the local council and the police mentioning financial abuse of vulnerable adult.

Make sure that you report the suspected fraud so that police etc are aware, crime references etc. Because otherwise you may actually find that on top of everything else the council may well say on the facts alone that he isn’t their responsibility to house as this could easily look like intentionally depriving himself of assets, selling a house for less & then that money being gone. The council could well turn their backs as well, at least if fraud can be proven then they should house him.

You may be able to get the solicitor on a conflict of interest in which case they should not have acted.

You have to go for the solicitor and you have to go really really hard. The builder was a scum bag, but it’s the solicitor who’s ultimately at fault here.

@Mumsanetta’s advice looks sound. And yes to pushing every other angle, eg You and Yours, safe guarding teams, police etc. MP even.

To acquire control over the property, the executor needs to get grant of representation from the probate registry. It takes months, and the executor has to pay any inheritance tax. They have to file a return of the estate with HMRC as part of the process. If I was you, I would be writing to HMRC probate asap to outline your concerns about the estate valuation, and follow up with a phone call to their helpline. This would include a house that was potentially undervalued at the point of sale, then it may have been represented with a below-market value on the estate paperwork. The HMRC would be interested in that. You may disrupt probate in doing so, and delay the time to probate registry issue of the certificate. I would also contact action fraud, and make a formal complaint to the solicitor firm (followed by the SRA). I would get a copy of the medical records as well, if there is any possible indication of mental capacity in them. You need the help of a qualified solicitor. If you cannot afford one, many communities run student training drop in centres and pro-bono work. You may even get a solicitor on a no win no fee basis for such an outrageous event as you describe.

Not quite sure where probate comes into this? for all we know it may already be registered in the builders sons name or as an asset of the company of which the son may be a director.

If it is going through probate, you might be able to slow it, but not stop it.

The OP needs to see a solicitor unconnected to the case and see what options are open, that alas will cost, but they may get someone to take the case no win no fee.

Its very common for the same solicitor to act for both parties, and fine so long as there isn't a conflict of interests - clearly it could be argued that the solicitor should have smelt a rat, but if the OPs friend was clear he was happy with the sale at that price, they can argue that all was well.

I think it all stinks myself, but might be difficult to undo, especially after 2 years and the death of the builder, house passing to new owner etc..