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Original poster

HELP! Ex pulling out of house sale after exchange of contracts

160 replies

Promise22 · 14/08/2022 20:46

In need of urgent advice please. I have been legally divorced now for more than 6 months. I have a consent order in place that says that I either buy ex from his share of the house or we sell it. We have put the house on the market back in Feb as I simply don't have the funds to buy him out. Exchanged contracts last week and he has been bullying me for my new address (when I haven't even moved house!). He is controlling/abusive and I have been advised to seek non-molestation order in the past (I just didn't have the brand width or the resources to go through with it). After a series of threatening text messages over the weekend, which I chose not to engage with (that has probably annoyed him even more), he emailed our solicitor saying that he is pulling out of the house sale. There is no reason what's so over for this except that he wants to punish me somehow and prevent me from buying my own place. Note that he is not buying another property, he will simply take his share of the equity from the family home. However, I am heavily involved in the onward purchase and have even started a full house rewire between now and completion (planned for this Fri). I will speak to solicitors tomorrow and seek legal advice, but can anyone please tell me if this is even possible? Can he pull the plug on the whole chain (a chain of 4 houses) without justification? Any thoughts on similar experience or next steps I need to take will be much appreciated!!

OP posts:
Motherofalegend · 14/08/2022 20:49

As far as I am aware once you’ve exchanged contracts you’re all in and withdrawing at this stage is massively costly.

Motherofalegend · 14/08/2022 20:50

Speak to your solicitor tomorrow.

Original poster
Promise22 · 14/08/2022 20:51

Will do, that's my understanding too! He is an absolute nut case. Not even sure if I should post here! I have a fully packed up house and then this to worry about...😭

OP posts:
ImAvingOops · 14/08/2022 20:53

I think pulling out after exchange means paying a ton of money in compensation to the buyer. His solicitor will probably tell him not to be a dick but you definitely need to speak to yours asap

girlmom21 · 14/08/2022 20:58

If he's doing it out of spite he probably won't care about losing money.

Original poster
Promise22 · 14/08/2022 21:02

That's my fear. All I know is that he earns loads of money and he probably doesn't care if it means he has to compensate all parties. The thing is though we have in the consent order that the house will need to be sold at some stage so surely he is just delaying the inevitable 🙄

OP posts:
LemonApplePeach · 14/08/2022 21:03

At this point he's just being an arse. He'll soon realise he can't do this. Expect more fuckwittery yet though. Hope you've got your best possessions squirrelled away somewhere safe.

ImAvingOops · 14/08/2022 21:04

If the court has ordered that the house must be sold then his solicitor might tell him he can't withdraw

Forestgate · 14/08/2022 21:05

He can do it but it will cost him a tonne of money. Roughly what have you sold for? Will give us an idea of how much he will have to pay

Ilikewinter · 14/08/2022 21:06

Wow what an absolute twat OP, I guess this is his final opportunity to have control over you.

Hopefully his solicitor manages to knock some sense into him, I wonder if theres a consent order to sell if that carries some weight?

Original poster
Promise22 · 14/08/2022 21:33

House sold for about 750k!! And I am buying a smaller, cheaper place for me and the kids.

OP posts:
Zeus44 · 14/08/2022 21:53

It’s unlikely he will go through with it as he will be open to huge penalties. He has entered a legally binding contract by exchanging so he’s committed.

Personally I wouldn’t worry about it as he has lost his leverage over you now and this is just a final throw of the dice by what sounds like a pathetic excuse for a man.

Best of luck to you and your children in your new hone.

Zeus44 · 14/08/2022 21:53

*Home

RandomMess · 14/08/2022 21:55

Ultimately you may have to go back to court for them to sign the papers on his behalf. He can't stop you selling just make it difficult.

MiniCooperLover · 14/08/2022 21:59

He can't refuse at this point, it's too late ... and I imagine that's exactly why he's doing it because he hates control being taken away. He'll be liable for a % of the purchase price every that that this drags on.

OnceRuralNowUrbanbliss · 14/08/2022 22:25

Bloody bloody hell OP
I've got nothing wise to say other than offer my supportive words and enormous amounts of sympathy from someone who had a sale and purchase fall through the day BEFORE exchange when buyers pulled out and someone who has a nasty XH (unconnected to the house sale)

Both situations are stressful but what he has attempted to do really takes the biscuit.

Hope your solicitors can get it sorted without the rest of the chain knowing about this horrible hiccup.

Utter utter bastard

Summersdreaming · 14/08/2022 22:51

What a twat he is. Hold your nerve, let his solicitor spell out exactly what the consequences are. He might listen, but the second he gets a reaction from you he'll dig in.

QuebecBagnet · 14/08/2022 22:54

Can you just give him a fake address to shut him up and buy you some time? By the time he realises you have moved there it will be too late.

Milkand2sugarsplease · 14/08/2022 23:16

If you have a consent order in place, the courts won't look kindly on him disrupting proceedings and hopefully his/your solicitor will advise him of this. Can you remind the solicitor of the consent order so that when they speak to him they can use that as a way to push him?

Hopeandlove · 14/08/2022 23:17

Hold you nerve and let the solicitor deal with it

Original poster
Promise22 · 14/08/2022 23:28

I did resend the consent order to the solicitor flagging the fact that the house will need to be sold sooner or later. Hopefully that will have some weight...I am just glad I divorced this monster! 🤦🏻‍♀️

OP posts:
HowcanIhelp123 · 14/08/2022 23:53

You say he emailed your solicitors, does he himself not have a solicitor? If so contact them. They'll give him a kick up the ass. He wants a reaction from you so if you can don't contact him yourself.

Find out from your solicitors if he actually can stop the sale at this point. If he can, see if he can be made solely liable for any compensation as you are prepared to go ahead. He could hold out until day of completion just trying to scare you. To go through with this is so beyond spiteful he must be a true nutcase. You have my full sympathies!

Goldbar · 15/08/2022 00:02

I don't think he can pull out after exchange. It's legally binding at that point.

Starseeking · 15/08/2022 00:27

If you don't complete, at least 10% of the sale price would be payable, so it could cost you (meaning you and EXDH jointly) £75k.

Anyone willing to lose that amount of money for nothing is crazy...hopefully he is not too entrenched to go through with it, and was probably just trying to scare you. As recommended by PP, get solicitors to follow up with him on this, not you.

SeaToSki · 15/08/2022 00:35

Can you send him a pleading text, massage his ego, and give him a fake address, just manipulate him right back to get him back in line and then dump and run once the money is in your bank