Signed the contract with his solicitor. Seller also signed. Then a judgement mortgage turned up on a search
Any advice /experience welcome.
Both solicitors and the vendor are at fault for letting this mess develop.
As would I and reading your post this judgement was on the title for a few years. I presume the contract had a caveat in it though which allowed for the buyer to pull out in the event of the title having such attachment. I wonder does the OP have that caveat.but i would have thought the purchasers solicitor would have to make sure there was a clean title. and i would have thought this should happen prior
to purchaser signing legally binding contracts and paying deposit. and not just before closing.
As would I and reading your post this judgement was on the title for a few years. I presume the contract had a caveat in it though which allowed for the buyer to pull out in the event of the title having such attachment. I wonder does the OP have that caveat.
But does this not mean it was a deliberate act by the vendor hoping that the purchaser would say something in the style of 'I'll pay the JM pending a deal' so that the sale can go through ? Is the contract binding if the searches are not cleared and more importantly does that make the deposit non-refundable ? Can the contract not specifically state that there is nothing outstanding on the title ?"It was on the day that the seller was signing that the purchaser was informed by their solicitor. "
I find this hard to follow- surely, if the seller now knows there is a judgment mortgage on the property, they should not be signing contracts until they have sorted it out?
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