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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Home held as tenants in common myself, my husband and my brother.

Resolved Question:

Home held as tenants in common myself, my husband and my brother. Husband and I want to sell and retire, brother wants to get more for it than the £240,000 offered. Have been trying to sell for 5 years. Have offered him 50% share of sale proceeds. He has come back saying he wants another 10% giving him 60% or he will not sell. He moved out1st October and does not contribute to maintenance upkeep etc. Can my husband and I apply to a court for an order to sell the house? Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youYou can indeed apply to the courts for an Order for Sale at an achievable price This is done using the Trusts of Land and Appointment of Trustees Act - TOLATA and you will be successful.You can also claim costsPlease ask if you need further detailsClare
Customer: replied 1 year ago.
I have been told by a solicitor that TOLATA is a very lengthy and costly process. Is it feasible for an elderly couple with limited means. We are also having to pay all the outgoings on the house on our own now and are struggling.
Customer: replied 1 year ago.
Also, I see your response says an 'achievable' sale price. Since 2009 the house has been marketed for £365,000 then £320,000 then £300,000 then £290,000 and now £275,000. We have not received one offer. A quick buyer company have offered us £240,000 with no costs which is what my husband and I would like to accept. Would this be accepted as an achievable price. My brother wants £280,000 to £300,00 and us to agree he has 60% of the final sale price.
Expert:  Clare replied 1 year ago.
Hi
It can be both costly and lengthy - but it does not need to be.
What have the Estate Agents said about the price - and why it hasn't sold?
Customer: replied 1 year ago.
The last ones valued it at 300,000 that was in May 2014 but it did not sell. After 15 months I tried online agents who put it on at 295,00 then down to 275,000 in August this year but still no offers. They have no explanation as to why it will not sell.
Customer: replied 1 year ago.
Since the market crashed in 2008 nothing in this area is selling unless the price is dropped dramatically. Some properties in the next village have been for sale since 2011. Only one of the quick sale companies were interested in purchasing, the one we want to sell to now, the balance said they were not interested in our post code/area as there is no market.
Expert:  Clare replied 1 year ago.
Provided you can prove that this is the best price that you can get for the property then the court will agree the figure.
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