Buying house - seller can't sell

greeny24

Hi, last post was closed for some reason - so I'll rephrase.

Has anyone had a similar experience as the below?

Hi,
I recently went about the process of buying a home. got a mortgage and insurance etc and everything was going fine. The mortgage was drawn-down and I was waiting on getting the keys. Then I was told that the seller didn't have the legal right to sell the home.
The house is being sold by the owners children as she is elderly and unwell. The children applied for and received power of attorney but since then, the owner has become mentally unwell and they now need to apply for Enduring Power of Attorney.
I was told this could take three weeks and may not even be granted.
I have already begun repayments on the mortgage and have paid for solicitors reports, land registry, insurance, valuations etc

Has anyone been in a similar situation?

ohnonotgmail

You need to speak to your solicitor. they are the only one with all the information. You could start by asking them how the mortgage was drawn down when the sale did not go through.

greeny24

Thanks,
I have spoken to my solicitor and their response was to say that the mortgage was drawn down in good faith that the sale was ready to be finalised. The issue of power of attorney had only come to light after the mortgage was drawn down on.

They advised that my options are
1. To withdraw my offer -which will mean that the solicitors will return the borrowed money to the bank but I am still liable for the interest accrued until then and also accept that all they fee's i have paid so far will be non refundable.

2. Wait it out - see if the purchase will go ahead, and if it doesn't - cross that bridge when we come to it.

Not great options in my opinion.

Bellview

Why did your solicitor miss this. That's what they are paid for. Will solicitor feel any pain here assume you will not be paying their fees

hullaballoo

Moderator: The reason your last thread was closed is that no one here can advise you, legal advice is not allowed on this forum.

You need advice from a legal professional. If your current solicitor is not up to it, get another one.

Thread closed.