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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11137
Experience:  30 years as a practising solicitor.
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My brother will not cooperate in the sale of our late mothers

Resolved Question:

My brother will not cooperate in the sale of our late mother's house. He will not answer why he has not applied for a completion certificate for an extension to this property. This means the property cannot be marketed for sale. Now 8 months have passed and the year of grace with the mortgage company will be up then. My brother is guarantor for this mortgage but wishes me to pay off half of this. I am not willing to do this until a completion certificate has been granted. I am in contact with the planning and buildings regulations department. They say I can apply for this certificate but my brother has all the original contractors certificates/receipts. What do I do next? My brother andI have inherited the house jointly and are joint executors of the estate. Help!
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You could take your brother to court but that is very expensive and time consuming.

Get a building survey done on the house with a view to getting an indemnity policy to cover the lack of a completion certificate. These can be obtained for a very low single premium and will protect a purchaser from any future consequences of there being no completion certificate.

See http://www.countrywidelegal.co.uk for details. These indemnities are generally accepted by purchasers and lenders nowadays and will solve the issue you have.

I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 3 years ago.
You took a very long time to reply? I do not wish to leave a tip. I have already paid for your time.