Ask a Law Question, Get an Answer ASAP!
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first.
How did your son come to own the house?
Has his ex agreed to the sale?
Has he provided the solicitors with her details and has she signed the paperwork?
Was this before the first solicitor stopped acting?
Has his ex provided all necessary ID to the solicitor and given her consent to all the funds being released to your son?
The solicitors are in fact acting for both your son and his ex as they are joint owners of the property
If there is a conflict between them - or between the instructions received from them then the solicitors would have to withdraw from acting for both of them.
The other point at which solicitors have to withdraw is if there is a potential Money laundering problem or some form of Tax avoidance.
I would suggest that your son instructs a separate solicitor to obtain the written agreement of his ex to the sale and copies of all her relevant ID.
This may help him identify what the actual problem is before a further abortive effort is made
Please ask if you need further details
Please remember that all I can do is speculate on the obvious issues
The involvement of his ex is the most likely one since if she tells the solicitor not to share the information with your son then the solicitor cannot do so.
This is why I suggest that it is dealt with separately.
If it is a financial issue then proving where the money to pay the mortgage off came from should suffice
Based on the limited information we have those are only reasons I can see.
When approaching the new solicitor i would certainly take all the financial paperwork in.
The only other possibility is to ask the Estate Agent if he or she can gain any extra insight
Any local solicitor who specialises in Family law would be able to do this for him - it is a matter of agreeing wording and obtaining a Consent Order sealed by the Court confirming that the house should be sold and the proceeds paid to your son alone