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Court Order ''Force to Sell''

  • bsmallwo
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17 Sep 12 #356374 by bsmallwo
Topic started by bsmallwo
Hiya - just a question about the sale of a house.
My boyfriend''s ex, sent him a solicitors letter telling him she would take him to court for not accepting the £195000 offer for their house. This was backed up by an estate agents letter ''advising'' him to sell the house because it was a ''good offer'' and in no uncertain terms the buyers could not afford any more money.
My boyf then put in an offer to buy the house for half of the £195K minus costs. She verbally accepted. BUT, since then he has had an offer (same buyer) for £205K.
In view of the ''court order'' saying the house is only worth £195K is he justified in
a. Forcing her to accept his offer of half of £195K because the court order and estate agents says it is only worth that amount.
OR
b. Giving her half of the £195K offered and keeping the extra £10K put on the table (as a result of his negotiations)...

I have a feeling I know what the answer is - but was wondering if the letter from her solicitor is binding....

Many thanks - excellent site by the way...
Barbara

  • hadenoughnow
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17 Sep 12 #356432 by hadenoughnow
Reply from hadenoughnow
A solicitor''s letter is just that - a letter. It is not a court order and not legally binding in any way.

At the end of the day, a house is worth what someone will pay for it. If there is a buyer who will pay 205k than that is what the house is worth ...


However how much each party should get would depend on the terms of any court order - ie a Consent Order stamped by a judge or an imposed order following a final hearing. If there is no court order in place - assuming they were married - then the money should be held by a solicitor until the financial settlement is sorted. If they were not married, the division would be according to property law - ie 50:50 if the house is in joint names.

Hadenoughnow

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17 Sep 12 #356457 by bsmallwo
Reply from bsmallwo
cheers for that - it sounds like it will still be a 50/50 split..... It''s just irritating that he was being forced to sell at such a low and ridiculous price and now she is going to benefit from his negotiations!

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