Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
Why was the Order for sale made - why was there not an order that one buys the other out?
Right so this was a Consent Order.
Are you willing to cover the wasted Estate Agents fees if you buy your ex out?
Who currently occupies the property?
I am afraid that you have been misinformed.
If you pull out of the sale now the Estate Agents can still charge their fees - would you be able to cover them?
I am sorry but the informtaion you were given is incorrect.
The fact that it took so long is irrelevant.
The contracts for the agents to produce purchasers willing and able to go ahead - and this they will have done.
I am afraid that the only way that your ex can be forced to agree to your purchasing the property is via an application to vary the Order - and that will only be granted if you are offering more than the current buyers AND are willing to pay all the wasted costs.
If you are willing to do this then it is worth threatening to take the matter back to court if he does not agree
Please ask if you need further details
If you go ahead and buy the property form your ex then the Estate Agents will still have to be paid - the costs will have been "wasted" since you will not in fact be selling
If you want your ex to agree to you buying him out he will want your assurance that these will be covered
If your ex wishes then he could apply to enforce the Order for sale by asking the court to sign the paperwork in place of you
Because if the sale went ahead they would not have been wasted.
The only reason they are is because you will be buying him out
I will try and make it clearer - it is an odd area so I do understand the confusion (indeed the behaviour of your buyers makes it more confusing again.
1. At present the Estate agents have found purchasers who wish to buy the property
2. You have (entirely reasonably) said that you require two weeks between exchange and completion
3. The buyers missed an exchange deadline but are now offering to exchange with completion on 5/9.
4. You have not unreasonably refused this completion date
If the buyers agree to exchange on say Wednesday with completion after 14th September then this would be reasonable and the Estate Agents will have preformed their contract and will need paying whether or not the sale goes ahead if YOU and your husband now pull out of the sale UNLESS it is because a third party offering more.
You wish to own the property and to buy your ex out.
You are willing to offer slightly over what is currently on offer.
1. If you do that whilst the other buyers are still willing to go ahead the Estate Agents fees will still have to be paid so they are wasted - and your ex could reasonable say he will only agree to your higher offer if you pay them
2. If he will not agree (and the past history suggests he wont) then you have to apply to the court to vary the existing order. The court would view your paying the wasted costs as being reasonable if you wish to go ahead
2. IF the buyers do pull out you are in a very strong position and of course no wasted costs will be payable
You are very welcome - and yes I agree you need to see what the buyers will do at this stage
You are welcome I hope all goes well
You can of course refuse to give at date.
If your ex refuses the Court application is your only option
It is no unreasonable per se but since it woudl involve trusting him I suggest that you agree that his solicitors can hold that sum until the matter is completed
Yes that is reasonable and it shoudl be done by your conveyancer
You are most welcome I hope all goes well
NO you wouldn't
The last part is dealt with!
Is there any basis on which you could move out before your work trip and leave your ex to clear the house?
Just considering your options
You are indeed entitled to say that your position was clear and that they will now have to cope with your deadline
You will not be liable for costs of the matter falls through at this point.
Your ex can apply to the court for an order giving him control of the sale - but you have not been unreasonable and it is unlikely that he will succeed
If the sale falls through then there is a chance of your buying him out if the figures are right - the court will see no reason not to do this if the circumstances are right