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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14386
Experience:  Solicitor
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I have exchanged to complete on my property. There is an

Customer Question

I have exchanged to complete on my property.
There is an interim charging order attached in my name to the property.
Unusually The purchaser and the claimant use the same solicitors who, even though they represent different clients, will not exchange unless the interim order is paid.
I am objecting to the order and it has been referred back to the county court.
Can the same solicitors stop the sale.
Is this A conflict of interest
Submitted: 9 days ago.
Category: Law
Expert:  Jamie-Law replied 9 days ago.

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 9 days ago.

What is it you want to know about this today please?

Customer: replied 9 days ago.
I should have completed on the sale of my property today. Am I right in saying that an interim charging order cannot delay a sale.
The solicitors of the purchaser are an office of the claimant solicitors and have advised the purchaser that the charge could not be removed on completion.
Is this right or is there a conflict of interest here where two solicitors of different clients are not acting in the interest of the individual parties separately.
Did they have a right to refuse to complete.
Thanks.
Joe.
Expert:  Jamie-Law replied 9 days ago.

It can, yes. It is a restriction on the property. It needs to be discharged or an undertaking given.

So yes, if its a charge, it can be from a Court order.

As such, it needs to be resolved for completion.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 9 days ago.
I did raise an objection to the interim charge and it has been referred back to the court.
So should it have been sent to land registry at all.
Expert:  Jamie-Law replied 9 days ago.

If it was granted by a Court., yes.
It would be back of a Court order. Interim is same as final.

Does that clarify?

Expert:  Jamie-Law replied 5 days ago.

If this answers your question could I invite you to rate me 3, 4 or 5 stars before you leave today?

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.