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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My ex & i have agreed to a financial consent order , I am under

Customer Question

My ex & i have agreed to a financial consent order , I am under pressure to exchange contracts on a proer property i would like to move into. My solicitor advises me that I should wait for the court to approve & rubberstamp the order before i put a deposit on the flat. I have found a one bedroom flat which i have fallen in love with & im scared to lose it . I
am under pressure to exchange contracts with the vendor , though she is happy to wait to complete until i have recieved the finances from the divorce settlement . I understand my solicitior has to warn me if the property falls through & i could lose my deposit on the flat, & the implications of breaching the contact which could lead to being penalised . What do you advise, very anxious !!!!" Lucinda
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

If you are able to take the risk that before the consent order is sealed by the court, even if your ex changes their mind about what was agreed with you, you will still be able to see through the purchase of this property, then you may go ahead and exchange, bearing in mind that if there if the consent order is not sealed by the court for one reason or other, your ex may make a claim against this property or there may be a change in your circumstances such that you are not able to complete after exchanging and you end up losing your deposit as well as facing a claim for additional damages for breach of contract.

If time is of the essence for you to exchange now, you may do so and complete the purchase after the consent order is sealed beating in mind the above risk highlighted by your solicitor as well whom I agree with.

Hope this helps

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