Hello my name is Alex and I will help you with this.
Did you know you were signing a document to sell the house?
I assume you did as you must have instructed Solicitors before you were unwell to deal with the sale?
Alex - yes I was aware - but I was under extreme pressure financially - I was admitted for the first time to a mental hospital secure unit , I managed to get out for 1 day in my mind I had to sign the exchnage, which I did
However it was not for a few days that I had to send an email saying complete, I was such a mess at this stage I did not know exactly what I was doing, I just felt I had to complete as there was deadline of the buyer going on holiday
Afterwards I did not sleep for 2 nights, little by little my brain worked out that I had done the wrong thing
If this is a residential investment have you purchased and sold before?
It is a residential investment, I have purchased and sold before , but honestly not having suffered pyscotic depression but yes I had previous experience
Did you know what you were doing when you exchanged? Did you understand that you were entering into a binding contract?
At the time i was under extreme ill health, pyscosis can make you step back from reality, I cannot say that I fully understood the implications of my actions at that time, when I have sold previously I was always committed to selling
I was more in fear of completing as I said I would , I did not really have tiome to think throug all of my actions
Why did you not tell anyone that you were in the mental hospital?
Confused , it was my first time, it was an horrific experience, I did not tell anyone as I kept hoping to get better I kept hoping to get out, but I was in there for 3 weeks
I told family but I told them not to tell anyone
Ok - when is completion? Are you discharged now?
Completion end of month, I am discharged back into the community
Ok - but would it not look from an outsiders point of view you are just trying to use this episode to get out of completion, after all you had instructed Solicitors?
My mind changed from Friday agreeing and Monday morning, I did not sleep 2 nights and hour by hour I worked out why I should not have copleted
But are you just having second thoughts, rather than saying you did not understand your actions?
To tell everyone that I have a mental illness is far from easy, hardly something one wants to use as a lame excuse
I am saying that my actions at the time was confused, by 1) the buyer going on holiday, I felt I had to complete
2) I was not obviously of sound mnd at that moment as I would not have agreed to cempletion
But if the situation was had over and you were not having treatment, would you have still instructed the Solicitor to complete?
Ok - the Mental Capacity Act 2005 states:
For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.
(1)For the purposes of section 2, a person is unable to make a decision for himself if he is unable—
(a)to understand the information relevant to the decision,
(b)to retain that information,
(c)to use or weigh that information as part of the process of making the decision, or
(d)to communicate his decision (whether by talking, using sign language or any other means
These are not second thoughts, this is me with a clear mind knowing that I had made a wrong decision
(2)A person is not to be regarded as unable to understand the information relevant to a decision if he is able to understand an explanation of it given to him in a way that is appropriate to his circumstances (using simple language, visual aids or any other means).
Therefore you need to speak to your Solicitor.
You will need confirmation that at the time you were not of sound mind
If this can be shown then completion can be halted.
But you need to show that you did not have capacity at the time of the exchange.
But speak to your Solicitor as he should be able to proceed matters for you
Can I clarify anything for you about this today please?
Harrowing and worried , what further implications this would have on my future business , obvious the Estate Agent and buyer could use this against me
How would I show that I did not have capacity at time of exchange
You need to speak to your Solicitor TODAY to get this halted.
You would need a report or something showing you were in the mental hospital
You would have a psychiatrist in there, he/she can prepare a report saying you did not have capacity.
So you think I must tell my solicitor
And can ib Halted what ere the inlications
Going to go soon - so you feel that this should be halted - that I should contact my solicitors TODAY
You MUST tell your Solicitor. He can take action
I am not saying it should be halted, that is a matter for you
If you are saying at the time that you did not have capacity and having considered it, you feel you did not and do not want to proceed them tell your Solicitor.
If you did not have capacity and still want to proceed, then you need do nothing. As there would be no point.
Does that clarify?
Does this answer the question for you today?
as much as i can take in, I worry that the estate agents will jump all over it
Well there is not much they can do. If you did not have capacity that voids all steps you have taken
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hopefully the hospital will say that I did not have capacity even though was discharged into the community at the tiem, but I dod not feel fully recovered to take such decisions
You must have a report or the hospital confirming this.
If not you are stuck with the purchase.
Please do take a moment to rate before you go - thanks
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