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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12189
Experience:  30 years as a practising solicitor.
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My patner's MOA

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My patner's MOA states very clearly thay two days after an offer has been made for the marital home and that one party agrees and the other doesnt ( between the ex Marital couple) that the decision will be made by the Surveyor as to the suitability of the offer and the fairnefis in relaton to the current market. The offer is 3.9% below the home report but he feels it's  indicative of the market at this time. We were keen to have an entry date of 20th April as this ties in with the end of the school Easter holidays. My partneners ex wants an entry date of 29th May. The buyers have not yet stipulated an entry date. They have just cited that it is flexible. The offer was made two week ago and my partner immediately accepted as there has been only one viewer at the property and one note of interest.It has been noted as a 'one-time offer'. We are stidl waiting to hear from his exes solicitor. The MOA stipulates that ALL matters pertaining to the sell of the matrimonial ptopertirs go throuh the Estate agent, the Surveyor and the Conveyancing solicitor. So what is holding this deal up? I dont get it. Everyone is wating for the 'get-to'

from The ex wifes solicitor et the MOA doesnt cite her as relevant. We are terrifired as the buyers are going to pull out on Friday if no repsonse fom his ex wifes solicitor is forthcoming Se is off tomorrow and has ignored all of my solicitors requests. We are at the end of out tether \she also works all day at the family court on Fiday. On top of this we have the CHild Werlfare hearing on march 27th - thank the Lord. Please advise! Can the court intervene if one party is not adhering to the extremely costly document my partner pursued?

Finally, his ex wife was taking numerous photographs of me sittting in my car approx 15 mins we were due t pick the girls up. What would she be doing that for? I was sitting on the passemger seat with two dogs on my lap.

The estate agent selling the matrimonial properties has agreed to finish the sale on DP sould it complete, but refuses to deal with the ex-wife any further. Where dies this leave us legally? Can we take a course of action?

We have just been notified by the estate agent that his ex has filed an official complaint to the ombudsman and is demanding the keys of the house back.
Thank you for your question.
The remedy is to ask the court to make an order implementing the Minute of Agreement. However, by the time that action is dealt with by the court the purchaser will be long gone, so an additional application for damages for non implementation would be appropriate. Often just the threat of such an action will be enough.
The surveyor is unlike to arbitrate on an entry date but I would need to know the exact wording of the agreement.
As far as her taking photographs as concerned this is just mischief making and you could technically go to court but it would be better just to ignore her.
It certainly isn't behaviour in the best interests of the children and could possibly be raised as a behavioural issue at the child-welfare hearing.
Again if the sale falls through because of her behaviour, there is a remedy in damages. I think that the solicitor representing the parties in the sale should simply agree a date of entry which is reasonable with the buyers on the basis that both parties have to cooperate with each other to achieve the sale of the property. Sometimes a proactive approach has to be taken by the advisors where the parties, or one of them, is messing about.
I hope this helps. Please leave a positive response so that I am credited for my time.
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