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Consent order house value wrong

  • Minnie75
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27 Apr 21 - 25 Jun 21 #516553 by Minnie75
Topic started by Minnie75
Resolved

kind regards
Last edit: 25 Jun 21 by Minnie75. Reason: Identifying information

  • wikivorce team
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27 Apr 21 - 27 Apr 21 #516554 by wikivorce team
Reply from wikivorce team
Thinking a little outside the box on this one.

Although strictly speaking you should be complying fully with the order - there are perhaps 2 loopholes:
1) The order is not enforceable until it is sealed AND you have a Decree Absolute (so if you do not have a decree absolute yet that buys you a little time).
2) Depending on the exact wording of the order - you agree to market the house at £225K. I suspect the wording is unlikely to be so tight as to stop you at the same time marketing the house for £240K as well.


Option 1 - Try to generate an offer above £225k without his cooperation
There is an option where you go ahead independently and market the house for a figure above £225k, if you get a quick and solid offer then you have a chance. Especially if you are prepared to share the excess with him.
i.e. if you can get a quick sale at £240K and agree to split the extra £15k in some way and it doesn't slow down the sale then there is nothing in the order to say you cannot sell for more than £225k.

Option 2 - perhaps the better one
Try to agree something along these lines:
- The house to go on market for offers at £225k or above.
- An agreement to accept the highest offer that is received within 3 or 4 weeks.

Typically the wording of a CO is around a commitment to be willing to market a property (as opposed to stay in it and refuse to sell). It is not the intent of a CO to force you to sell for below the market price.

In short - is there anything stopping you putting out the feelers right now with a bunch of local agents and in a sense getting some potential offers lined up.
Last edit: 27 Apr 21 by wikivorce team.

  • Minnie75
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28 Apr 21 - 25 Jun 21 #516559 by Minnie75
Reply from Minnie75
Resolved, Thankyou
Last edit: 25 Jun 21 by Minnie75. Reason: Identifying information

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