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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10225
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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i have just recieved a letter frm a solicitor in regards to

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i have just recieved a letter frm a solicitor in regards ***** ***** house my wife and i sold to a family friend 7 years ago. From the letter it would appear that the title deeds/ land registry that the property is still in both our names and the new owners. We are being asked see a solicitor to sign over the title deeds without any compensation for costs days of work etc. When the house was originally sold the agreed price was £220000, but their mortgage apparently fell through att the last minute and with a new mortgage could only offer £205000. This meant my wife and i lost our new house deposit and put us into an IVA for the last 5 years as we could not pay off all our debts.
Is there anything we may we able to get from this, as they couple are now separating and selling the property.?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I take it that you signed a Contract to sell the property those 7 years ago, at a price of £205,000, and this money was received by your Solicitor on completion of the Sale, and that there was no agreement that the Buyers pay any additional monies to you at any subseqent time?

Have the Solicitors indicated what they want you to sign- is it the Transfer document?

Have they explained the reason why your names are ***** ***** the Deeds?

I look forward to hearing from you.

Al

Customer: replied 1 year ago.

"For Aston Lawyer.." Hi, yes it is a transfer of deeds document, and our solicitor at the time did do the completion of sale.

It appears the council did the final staircasing and the council title was transferred into mine and my wife's name resulting in there now being a leasehold in our joint names and the names of the third party.

Their solicitors want to rectify the title, but I am in no hurry to do so. I feel that I should not have to be out of pocket due to this and that we should be compensated accordingly. At present I am in the process of moving house and feel this is an unnecessary outlay.

Expert:  Aston Lawyer replied 1 year ago.

Hi Russell,

Thanks for your reply and apologies for the delay.

From a legal point of view, you did of course contract to sell the property to your Buyers and as the Contract was fulfilled (ie they paid you the agreed amount), you are bound to transfer the title to them. Accordingly, they could sue you/take action if you did not sign the necessary paperwork.

From a practical point of view, their Solicitor has obviously messed up and they will want ot resolve this matter as soon a spossible, especially if the Buyers are now selling. Until you sign the Transfer, their Sale will not be able to proceed, and they won't want ot issue proceedings against you due to the cost and delay.

In this regard, you hold all the cards.

In these circumstances, it would be usual and reasonable for you to sign and return the Transfer, without receiving any compensation (on the basis that you are legally bound to do this, in accordance with the terms of the Contract), but provided the Buyers pay your legal fees involved. I am surprised that they have not already offered this to you.

You could try and hold out for some "compensation" but legally you are not entitled to any. However, I am sure the Buyers would be more than willing to pay your legal fees, just so the matter is put to bed.

I hope this assists and sets out the legal position.

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi Russell,

Can I assist you any further?

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi Russell,

If I have assisted, I would be grateful if you could rate my Answer.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10225
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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