House sale & Ex woes...

House sale & Ex woes...

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ST270

Original Poster:

663 posts

181 months

Wednesday 25th February 2015
quotequote all
Claudia Skies said:
ST270 said:
We are thinking of an ultimatum - either we do a voluntary repossession and cut losses (he would lose out too) or he agrees that the house goes to auction and they accept a low offer on it and he gets something from it at least.
Sounds bonkers.

  • Voluntary repossession is madness for both of them.
  • Sending the house to auction seems a much worse option than reducing the price with an estate agent.
Get some facts and figures which show the typical time it takes to sell a house in the area.
Get some facts and figures which show actual selling price of comparable houses in the area.
Get your solicitor on the case if he won't co-operate in a sensible sale process.
The whole thing is bonkers;

Good advice and it sounds straightforward I appreciate, but all of this has been evaluated - he has agreed to take the estate agent's advice on the market trends and to reduce the price accordingly until sold - but he hasn't kept to his word and getting him to agree to honour this and take the agents advice takes on average 3 months and 3 solicitors letters. Hence, if the house went to auction it wouldn't be as long winded and stressful.

The solicitor is aware that he is stalling and has advised that we go to court - we were hoping to avoid this as it will cost thousands and despite having a good chance of winning the case there is always a danger that it would go the other way.

Claudia Skies

1,098 posts

115 months

Wednesday 25th February 2015
quotequote all
ST270 said:
The solicitor is aware that he is stalling and has advised that we go to court - we were hoping to avoid this as it will cost thousands and despite having a good chance of winning the case there is always a danger that it would go the other way.
Understood.

geeks

9,119 posts

138 months

Wednesday 25th February 2015
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This is bonkers I feel you both OP!

Could you not drop an anonymous tip into the local JSA office about benefit fraud? (if he is still claiming as you suspect) They cut him off he might be more inclined to sell to get the money?

jshell

11,006 posts

204 months

Wednesday 25th February 2015
quotequote all
Claudia Skies said:
You said the property was up for sale. All you have to do is bowl up and offer the asking price. You probably don't even need to go through the estate agent so can sidestep their fees + VAT and then you're £5,000 ahead already.

If he says, "No I won't accept the asking price" then you've got him bang to rights in any further legal dispute.

There comes a point to stop wriggling about with the technical stuff and get on with a practical solution.
Dunno why the OP doesn't do exactly this...?

ST270

Original Poster:

663 posts

181 months

Wednesday 25th February 2015
quotequote all
jshell said:
Claudia Skies said:
You said the property was up for sale. All you have to do is bowl up and offer the asking price. You probably don't even need to go through the estate agent so can sidestep their fees + VAT and then you're £5,000 ahead already.

If he says, "No I won't accept the asking price" then you've got him bang to rights in any further legal dispute.

There comes a point to stop wriggling about with the technical stuff and get on with a practical solution.
Dunno why the OP doesn't do exactly this...?
It will probably be worth trying - even though he has said that he wouldn't sell to me, if he refuses a genuine offer then it will count against him...

jshell

11,006 posts

204 months

Wednesday 25th February 2015
quotequote all
ST270 said:
jshell said:
Claudia Skies said:
You said the property was up for sale. All you have to do is bowl up and offer the asking price. You probably don't even need to go through the estate agent so can sidestep their fees + VAT and then you're £5,000 ahead already.

If he says, "No I won't accept the asking price" then you've got him bang to rights in any further legal dispute.

There comes a point to stop wriggling about with the technical stuff and get on with a practical solution.
Dunno why the OP doesn't do exactly this...?
It will probably be worth trying - even though he has said that he wouldn't sell to me, if he refuses a genuine offer then it will count against him...
Can the offer be made in someone elses name, or your first and middle name so he doesn't rumble it? Then change name for completion.

hidetheelephants

23,731 posts

192 months

Wednesday 25th February 2015
quotequote all
jshell said:
Can the offer be made in someone elses name, or your first and middle name so he doesn't rumble it? Then change name for completion.
Exactly this; get a friend who the ex does not know(or pay a solicitor) to act as proxy, then once at the point of signing you take their place.