Would appreciate some advice please. My friends Consent Order has reached its deadline - by now his ex should have remortgaged the family home and paid him a lump sum. Absolutely nothing has transpired throughout the 56 days. There is a sanction, that the family home is marketed immediately with joint conduct of the sale - the order does say that an application should be made to court for this to happen. My question is this; what are the chances of my friend being allowed to have sole conduct of the sale - his ex has a long history of delaying/frustrating and obstructing - he has no confidence that his ex will do anything - how on earth is this deadlock broken? how can it be proven that the delays are intentional? his ex is resident in the house and has said 'they will sit on it'.....nightmare! comments appreciated...thank you
I would think he has to make an application to the court to get it put on the market. She might say she couldn't get a mortgage for one reason or another, maybe that she needs more time. At this point it would likely be joint conduct but if she frustrates a sale then go back to ask for sole conduct of sale
My partner is keeping a detailed diary of feedback from the EA regarding any obstruction to viewings, excuses and negative feedback (house is supposed to be going on this week).
Thank you Mirage63 for your response. An application is being made to court for the sanction, ie the house to be put onto the open market. Sole conduct has not been requested at this stage, but my friend has listed some boundaries to be observed during the sale process which he would like the judge to consider when making the order. As you rightly say, there could be, however remote, the chance a remortgage has been difficult to get (though I doubt it!) have noted your comments about keeping a log of interest in the house - a good idea and one we will adopt. Thank you again for your time! good luck with your sale.